The ceiling principle applies where an offender is convicted of a lesser offence following a successful appeal against conviction for a more serious offence arising from the same facts. The principle requires consideration of all components of the prior sentencing regime — not just the head sentence — including the commencement date relative to other sentences and the degree of concurrence, so as to avoid the offender being effectively punished for mounting a successful appeal. A sentencing judge who fails to consider the principle, or who treats the earlier sentences as irrelevant, falls into error.
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