Where the totality principle from Mill v The Queen does not apply because offences in different jurisdictions are not closely related in time and nature, the common law 'crushing sentence' principle provides an independent basis for reducing an otherwise appropriate sentence. The crushing sentence principle operates after the orthodox sentencing process is concluded and reflects community values against cruelty in punishment and total abandonment of hope. A sentence that would result in continuous imprisonment from age 24 to almost 60 across jurisdictions was held to require amelioration.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
4 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.