Where individual sentences for multiple offences arising from the same course of conduct are each set at or near the top of the available range, the principles of totality and proportionality require that the order for cumulation be moderated to a considerably greater extent than might otherwise be appropriate. The preferred approach from DPP v Grabovac — imposing unmoderated individual sentences and achieving moderation through the cumulation order — was reaffirmed. Inferences of remorse do not necessarily follow from a pre-trial offer to plead guilty, particularly where the offer is explicable by pragmatic considerations, the accused made post-offence lies, and conducted a defence denying criminal culpability.
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