Call Us Today
Need to speak to a lawyer about a criminal matter? Book in a Free of Charge meeting today.
Blog Layout
Concurrent and Consecutive Sentences and the Principle of Totality
Andrew Byrnes Law Group • Sep 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.
In this blog, Andrew Byrnes Law Group explores the 8 types of domestic violence, providing essential information to raise awareness and effectively address this type of abuse among victims.
Have you been caught drug driving in the ACT? Learn valuable insights on legal defences and negotiation tactics to mitigate penalties and protect your rights.
Aggravated burglary cases often present a challenge to law enforcement, with a significant proportion remaining unsolved due to the complexity of the investigations and the elusive nature of the perpetrators. As aggravated burglaries rise, the strain on law enforcement resources intensifies, prompting the need for them to work closely with agencies and communities to effectively address this growing concern. The Crime Statistics Agency is crucial in this effort, especially as the criminal incidents increased. By supplying valuable data and insights, they help us figure out what to do and where to put our resources to stop more aggravated burglaries from happening. To further understand the intricacies of aggravated burglary, we'll explore its distinctions from burglary and theft. Furthermore, we'll delve into the legal aspects, including the minimum sentence individuals may face when charged with this offence.
If you're facing domestic violence charges, you need to act quickly to safeguard your future. In this blog, we'll share crucial steps to protect your rights and get the best outcome for your case.
Life imprisonment does not necessarily mean a lifetime behind bars. Read this blog to gain insights about the duration and factors influencing the length of a life sentence in Australia.
White-collar crimes not only affect individuals but may also impact businesses and the economy. Read this blog as we break down the regulations governing financial misconduct in Australia.
Voting is a legal requirement in Australia. If you don't comply, you can possibly face imprisonment. Read this blog to find out how this happens and what you can do to avoid such consequences.
In this comprehensive guide, we look at an overview of the legal framework of the Crimes Act 1900, uncovering insights into its statutes, offenses, and penalties, and legal principles.
Find out the specific crimes that can result in deportation from Australia. Read this blog to stay informed and compliant with the Australian immigration requirements.
Whether you're convicted or seeking information, this blog explores the potential penalties of the offence, providing you with insights and actions to take in the face of assault charges.
Phone: 02 6210 1075
Level 3, 1 Farrell Place,
Canberra City ACT 2601
Postal Address.
GPO Box 794, Canberra ACT 2601
Areas We Serve.
Get in Touch.
Let’s Give Back Program
Each year, Andrew Byrnes Law Group donates 1% of its profits to charitable organisations that support Australian families and individuals.
Our Canberra law firm is not only committed to providing exemplary legal services to our clients, but also shares a deep commitment to supporting causes making a difference in our communities.
Website Management 
Love My Online Marketing