A total effective sentence of 4 years' imprisonment (effectively 4 years 6 months when a related NSW sentence was taken into account per Mill v The Queen) for six counts of online child exploitation offences involving three real child victims was held to infringe the first limb of the totality principle. Individual sentences of 16 months on each count were within range. The appropriate total effective sentence was 3 years' imprisonment. The case confirms that where an offender has been sentenced in another jurisdiction for related offending arising from the same investigation, the sentencing court must consider what the effective sentence would have been had all offences been dealt with together.
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