When sentencing for sexual offences where the offender has already served a substantial sentence in a foreign jurisdiction for similar offending, the totality principle as stated in Mill v The Queen requires the sentencing court to consider the effective combined sentence as if all offending had been committed in one jurisdiction. Effective sentences totalling approximately 15 years with minimum actual custody of over 11 years were held excessive for offending of this nature, even accounting for serious aggravating features including flight from jurisdiction and reoffending while on bail.
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