A total effective sentence may infringe the first limb of the totality principle even where individual sentences are within the appropriate discretionary range, particularly where an individual sentence is at the higher end of the range and accumulation orders produce a total that does not bear a proper relationship to the overall criminality. In assessing whether the De Simoni principle has been infringed, impugned passages in sentencing remarks must be read in context and having regard to the sentencing remarks as a whole.
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