CRIME — appeals — appeal against sentence — recklessly deal with proceeds of crime — where applicant already serving two sentences when the sentence under appeal was imposed — principle of totality — unintentional extension of total effective non-parole period
Quick Take
1Where a sentencing judge intends a new sentence to have no practical effect on an offender's existing non-parole period, but the sentence as pronounced inadvertently extends that period, the error constitutes a misapplication of the totality principle amenable to correction on appeal, even where the judge correctly understood the relevant principles.
2When a sentencing judge's intended disposition is apparent from the reasons and the parties' uncontested submissions, and the sentence actually imposed is irreconcilable with that intention, the court may infer miscalculation rather than a deliberate departure from the parties' position — particularly where no reasons are given for departing from the agreed approach.
