Long delay between offending and sentencing is not, per se and without more, a mitigating factor that should lead to moderation of sentence purely because the offender is significantly older at the time of sentencing, particularly where the offender evaded justice during the intervening period. Prior criminal history may be taken into account in assessing moral culpability (as distinct from objective gravity) consistently with [name withheld] v The Queen [No 2]. The presumption of cumulation under s 6E of the Sentencing Act 1991 for serious sexual offenders significantly limits the scope for applying the totality principle.
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