The totality principle is a mitigating principle that operates only after individual sentences are fixed; it cannot be used to aggravate individual sentences by reference to the totality of offending. Remorse is not a prerequisite to a finding of prospects of rehabilitation under s 16A(2)(n) of the Crimes Act 1914 (Cth), although its absence may reduce the weight given to such prospects. A 'claim of right' defence is logically incompatible with an offence under s 184(2)(a) of the Corporations Act 2001 (Cth) that contains a dishonesty element, and no separate direction on honest belief is required.
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