Where s 156A of the Penalties and Sentences Act 1992 (Qld) requires a cumulative sentence, the sentencing judge must impose the sentence as cumulative on the earlier sentence; a sentence expressed to run from the date of sentence is not imposed according to law. The totality principle must be applied to moderate the cumulative sentence, particularly where the offender has spent virtually the entire earlier sentence in custody. For a single armed robbery with a replica weapon, threat to shoot, and approximately $10,000 stolen, committed while on parole for a similar offence, by an offender with an extensive criminal history, a cumulative sentence of four and a half years (producing a total of nine years) was appropriate.
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