Where a sentencing judge's stated intention is that a sentence be served wholly concurrently with an existing sentence, but the orders made are ineffective to achieve that intention (because the existing sentence has insufficient time remaining), the sentencing discretion is vitiated. On resentencing for historical sexual offences where there has been a lost opportunity for concurrent sentencing with an existing sentence, the principle of totality may require individual sentences and cumulation orders that are more moderate than would otherwise be appropriate. A subsequent conviction for an offence committed after the offences being sentenced is not a 'prior conviction' but is relevant to prospects of rehabilitation.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.