The totality principle does not apply where the offences being sentenced were committed years before the offending for which the offender was previously sentenced and the offender is not currently in custody. The prosecution's agreement with an erroneous legal submission does not, without more, warrant exercise of the residual discretion to decline to intervene on an Attorney-General's sentence appeal. A recent period of actual custody served for other offences remains relevant to the sentencing discretion even where the totality principle does not apply, and may support full suspension of an increased head sentence.
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