When an aggregate sentence is imposed under s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW), there is no actual accumulation of indicative sentences; the sentencing judge determines the aggregate by assessing the totality of criminality. It is futile to attempt arithmetic analysis of the degree of notional accumulation between indicative sentences, and the focus on appeal must be whether the aggregate reflects the totality of criminality. The circumstance of aggravation of cognitive impairment under s 61J(2)(g) is not necessarily less serious than other circumstances of aggravation listed in s 61J(2).
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