When fixing a parole eligibility date under s 160F(2) of the Penalties and Sentences Act 1992 (Qld), the sentencing court must have regard to the offender's total period of imprisonment including any existing sentence, not merely the sentence being imposed. The totality principle requires consideration of whether the aggregate period of actual custody fairly represents the totality of the offender's criminality, even where the subject offences predate the existing sentence and did not breach parole. However, Fraser JA's dissent on this point — that s 160F does not prescribe sentencing methodology and the totality principle does not mandate moderation merely because sentences overlap — leaves some uncertainty about the scope of the obligation.
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