Totality: Concurrent or Consecutive Sentences

Whenever the court sentences a combination of two or more offences, it has to arrive at a final sentence that is just and proportionate and fairly reflects the circumstances.

This is known as the totality principle.

When considering the totality of offences, the court has to decide whether the sentences imposed will run concurrently or consecutively to each other.

Not wishing to digress into an English lesson here, but for the benefit of anyone who doesn't know already:

• Concurrent sentences run alongside each other at the same time. Suppose a person was sentenced to 12 weeks' custody and 4 weeks' custody to run concurrently, that would mean an overall sentence of 12 weeks' custody.
• Consecutive sentences run one after the other. Suppose a person was sentenced to 12 weeks' custody and 4 weeks' custody to run consecutively, that would mean an overall sentence of 16 weeks' custody.

Generally speaking, concurrent sentences are used when:

• The offences arise out of the same incident;
• There is a series of very similar offences, especially when committed against the same victim.

Consecutive sentences are used when:

• The offences arise from different incidents;
• There are a combination of different offences, where it is important that each one is separately recorded;
• It needs to be ensured that each of the offences are appropriately punished, for example where one of the offences has a minimum sentence.

If the court has determined that the sentences should be served concurrently, it will ensure the sentence to be served reflects the overall criminality. This can mean that the sentences for each individual offence are increased to reflect the presence of the other offences.

If the court has determined that the sentences should be served consecutively it will consider if the total, once the sentences have been added up, is just and proportionate. If it concludes that the total sentence is not just and proportionate it will adjust each of the sentences.

Before the final sentence is announced, the court will consider whether the overall sentence(s) is just and proportionate and consider if people will understand it.

Remember that the maximum custodial sentence the Magistrates' Court can impose is 6 months for a single offence or 12 months for a combination of two or more offences.

If an offender commits another offence during the operational period of a suspended sentence order (SSO), then the court can activate that suspended period of custody in addition to any new sentence imposed.

Cumulatively, this can result in an offender having to serve more time in custody than the 6 or 12 month limit that would otherwise apply - e.g. an offender convicted of two separate non-dwelling burglaries could be sentenced to 12 months in custody to run consecutively to the 10 weeks in custody suspended for 12 months they received a fortnight earlier.