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Concurrent and Consecutive Sentences and the Principle of Totality
Andrew Byrnes Law Group • September 21, 2020
Offenders that find themselves facing court are commonly sentenced for multiple charges, all at the same court hearing. This can be due to several reasons, such as multiple charges due to multiple offences, multiple charges from a single incident, and so forth. This begs the question, however: how can an offender with multiple charges be properly sentenced?
The principal sentence in a case with multiple charges is the most severe sentence imposed—in other words, the court orders individual sentences for all the charges, which can be served concurrently, consecutively, or otherwise balanced with the principle of totality.
To fully understand the concepts surrounding these types sentences, here is a quick guide for you. Let’s start:
What are concurrent sentences?
Concurrent sentences compel an offender to serve all the sentences at once so that they are balanced in totality so that they do not have backed up sentences. If one has been sentenced to a year of imprisonment for the most serious offence, for instance, and another 9 months worth of sentence as the second charge, the person may only serve one year. In other words, the court follows whichever offence is higher in terms of sentencing. It can otherwise be a head sentence.
What are consecutive sentences?
Consecutive sentences compel an offender to serve sentences one after another. If one has been sentenced to serve a year of imprisonment, for instance, and another sentence for 9 months, the total sentence will be 1 year and 9 months. Unlike the concurrent sentences, a consecutive sentence requires the offender to serve all his sentences, no matter the gravity of the crime.
What is the principle of totality?
The principle of totality pertains to a court ruling where offenders are sentenced for more than one offence. Totality means that the overall sentence must be deemed as just and appropriate regarding the totality of the offending behaviour.
In essence, the principle of totality is a concept that allows a sentencing judge to come up with the right sentence encompassing the criminality for two or more offences. The sentencing judge will evaluate the overall criminality involved in every single offence committed, which then serves as the determining factor for the right sentencing and service of the sentences in question.
Digging deeper: why is there a need for concurrency, cumulation and the principle of totality?
According to the Sentencing Act of 2005, sentences of imprisonment are generally to be served concurrently, unless deemed otherwise. When an offender has been sentenced for more than one offence, the court is compelled to ensure that the sentence handed down will be just and appropriate, which is why considering the overall criminality of the behaviour is necessary to upholding true justice. Without the concepts in question, offenders may end up in sentences disproportionate to the offending behaviour, which can affect not only the victim’s side but the offender’s—in more ways than one, an offender may be left without a chance at life upon release.
Working With The Best Canberra Law Firm
From everything gathered and discussed, one can safely deduce that the law can be rather difficult to comprehend. While the mainstream media postulates that court trials and sentencing works in a linear matter, various factors come into play. The landscape of justice is vast and complex, and should you find yourself facing an unjust sentencing system, don’t hesitate to ask for the help of a lawyer.
That said, why not work with some of the best Canberra criminal lawyers? Andrew Byrnes Law Group offers you high quality legal representation that costs no more than it needs to.
If you are facing charges in Canberra, Queanbeyan, Goulburn, Wollongong, Yass and surrounds, allow us to help you—book a free consultation today.
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