The term 'notional accumulation' is properly used only in the context of aggregate sentencing under s 53A(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW) and is misplaced where individual sentences are imposed. Where a sentencing judge states an intention to apply 'notional accumulation' but imposes wholly accumulated sentences, this constitutes appellable error. While a sentencing judge is not obliged to articulate the application of the totality principle in any particular way, where offences are closely linked in fact, involve the same substance, and are part of a single episode of criminality, some explanation for wholly accumulating sentences is required.
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