A sentencing judge who fails to fix an appropriate sentence for each offence before considering totality commits appealable error under Pearce, regardless of whether the ultimate sentence is characterised as an aggregate sentence or individual sentences. The utilitarian value of a guilty plea is determined primarily by its timing, and a discount of 10% for pleas entered on the first day of trial is within the available range of discretion. Community safety under s 66 of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not arise as a consideration where the sentence imposed exceeds the 3-year threshold for an ICO under s 68(2).
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