Sentencing for Multiple Offences in Queensland: How Does Totality Work?
Being charged with more than one criminal offence can make sentencing more complicated. A court does not simply add the maximum penalty for each offence together and impose the resulting number of years.
Where a person is being sentenced for multiple offences, the court must consider the offending as a whole and ensure that the overall sentence is appropriate. This is known as the totality principle.
Totality is particularly important where several offences arise from the same incident, where offences are closely connected, or where a person is being sentenced for offences committed on different occasions.
In this article, we explain how Queensland courts approach sentencing for multiple offences, what concurrent and cumulative sentences mean, how a “head sentence” works, and why the totality principle can affect the overall penalty.
What is the totality principle?
The totality principle is the idea that when a person receives more than one sentence, the overall sentence must be proportionate to the total criminality involved.
The court considers each offence separately, but it must also stand back and ask whether the combined sentence is appropriate for everything the person has done.
The Queensland Sentencing Advisory Council describes totality as the principle that the total effect of multiple sentences must be appropriate and reflect the overall criminality of the offending.
This means a court should not simply add individual sentences together if doing so would result in a sentence that is disproportionate to the overall offending.
Totality can apply when several offences are dealt with at the same time. It can also become relevant where a person is already serving a sentence and is later sentenced for another offence.
Does the court sentence each offence separately?
Generally, yes.
Where a person has been convicted of multiple offences, the court must determine the appropriate sentence for each offence. It must consider the circumstances and seriousness of each offence, as well as the offender’s personal circumstances and other relevant sentencing factors.
But the court does not stop after calculating a sentence for every charge.
It must then consider the overall effect of those sentences. This is where totality becomes important.
For example, imagine a person is convicted of three offences arising from one incident. The court may consider that each offence warrants a particular sentence when viewed individually. However, imposing all three sentences consecutively could produce an overall sentence that is too severe when the offending is considered as a whole.
The court therefore needs to ensure that the final result reflects the total criminality without becoming disproportionate.
What are concurrent sentences?
Concurrent sentences are sentences that are served at the same time.
For example, suppose a person receives:
- 3 years’ imprisonment for Offence A; and
- 2 years’ imprisonment for Offence B.
If the sentences are wholly concurrent, the person serves a total of 3 years rather than 5 years.
The 2-year sentence runs at the same time as the 3-year sentence.
Concurrent sentences are particularly relevant where offences arise from the same incident or are closely connected, although the appropriate approach depends on the circumstances of the offending and the sentencing principles that apply.
What are cumulative sentences?
Cumulative sentences are sentences that are served one after another.
Using the same example:
- 3 years’ imprisonment for Offence A; and
- 2 years’ imprisonment for Offence B.
If the sentences are wholly cumulative, the resulting head sentence would be 5 years.
A court may consider cumulative sentences appropriate where the offences represent separate criminal conduct, involve different victims, occurred on different occasions, or otherwise warrant additional punishment.
The fact that offences are separate does not automatically mean every sentence must be cumulative. The court must still consider the totality of the sentence.
What is a head sentence?
The head sentence is the overall sentence imposed after the individual sentences and their relationship to one another have been determined.
For example, if a person receives:
- 5 years’ imprisonment for one offence; and
- 2 years’ imprisonment for another offence, ordered to be served concurrently,
the head sentence may be 5 years.
If the 2-year sentence is instead made cumulative on the 5-year sentence, the head sentence may become 7 years.
The head sentence is therefore important when looking at the total period of imprisonment resulting from multiple offences.
Why doesn’t the court simply add the sentences together?
Because doing so can produce a sentence that does not properly reflect the overall seriousness of the offending.
Sentencing is not a mathematical exercise. The court must consider the purposes and principles of sentencing, including punishment, deterrence, rehabilitation, denunciation and community protection, together with the circumstances of the offences and the offender.
The totality principle acts as an important safeguard against an overall sentence becoming disproportionate.
The Queensland Sentencing Advisory Council explains that courts may use concurrent sentences or adjust cumulative sentences to avoid a “crushing” sentence — one that is so severe that it effectively destroys any realistic prospect of a useful life after release.
What is a ‘crushing’ sentence?
A “crushing” sentence is an expression used in sentencing law to describe an overall sentence that is so severe that it may crush an offender’s prospects of rehabilitation or a useful life after release.
The fact that a sentence is long does not automatically make it “crushing”.
The court must consider the particular circumstances of the offender, including matters such as age, health, family circumstances, prospects of rehabilitation and the likely effect of the sentence.
The concept is closely connected with totality because the court must ensure that the combined sentence is proportionate to the overall offending.
When is totality particularly important?
Totality can be particularly important where:
- several offences arise from the same incident;
- offences are committed against multiple victims during one course of conduct;
- several offences are closely connected;
- offences occurred on different occasions but are being sentenced together;
- a person is already serving a sentence for earlier offending;
- the prosecution seeks cumulative sentences; or
- the combined sentence would otherwise become disproportionately severe.
The way offences are connected can therefore be highly relevant to sentencing.
Does totality mean multiple offences result in one sentence?
Not necessarily.
The court still needs to recognise the individual offences and their seriousness. Totality does not mean that multiple offences are treated as if they were one offence.
Instead, the court considers the individual sentences and then ensures that the combined result is appropriate.
This distinction matters because an offender should not assume that having multiple charges arising from one incident means they will receive only one penalty. Each offence can carry its own consequences, and the court may impose sentences that are partly or wholly concurrent or cumulative depending on the circumstances.
What if the offences have different victims?
Different victims can be an important consideration.
Where separate offences involve separate victims, the court may need to recognise the additional harm and criminality involved. That can make cumulative sentencing more likely in an appropriate case.
However, there is no automatic rule that different victims always result in cumulative sentences.
The court still has to consider the relationship between the offences, the circumstances in which they occurred and the overall sentence.
What if the offences arise from the same incident?
Where multiple offences arise from the same incident or closely connected conduct, the relationship between the offences can be particularly important.
The court may consider whether imposing fully cumulative sentences would overstate the overall criminality.
For example, a single incident might give rise to several charges because different aspects of the conduct constitute different offences. The court can recognise each offence while still ensuring that the overall sentence is proportionate.
This is one of the situations in which careful sentencing submissions can be particularly important.
What happens if I am already serving a sentence?
Totality can also apply where a person is sentenced for a new offence while already serving a sentence for earlier offending.
The court may need to consider the existing sentence together with the new sentence to determine whether the overall period of imprisonment is appropriate.
The fact that a person has already been sentenced does not necessarily mean the new sentence will simply be added in full to the existing sentence.
The court must consider the total effect of the sentences and the circumstances of both the earlier and later offending.
Can a guilty plea affect sentencing for multiple offences?
Yes.
A guilty plea can be relevant to the sentence imposed, particularly where it is entered at an early stage. The timing of the plea can affect the amount of sentencing reduction available under Queensland law.
Where multiple charges are involved, the plea may also be relevant to how the case is ultimately resolved. There may be negotiations about the charges, the facts relied upon by the prosecution, or the way the matter proceeds to sentence.
A guilty plea does not guarantee a particular outcome, and it should not be entered without first obtaining advice about the charges and evidence.
How does the court decide the overall sentence?
The court considers the individual offences, the circumstances in which they occurred, the offender’s circumstances and the purposes and principles of sentencing.
The court may consider:
- the seriousness of each offence;
- the harm caused to victims;
- whether the offences were part of a single course of conduct;
- whether the offences occurred on separate occasions;
- whether there were multiple victims;
- the offender’s criminal history;
- the offender’s role in the offending;
- any guilty plea and its timing;
- rehabilitation and prospects of rehabilitation;
- deterrence and community protection; and
- the overall effect of the proposed sentence.
The court then considers whether the combined sentence appropriately reflects the total criminality.
Why legal representation matters in a multiple-offence sentence
When someone is facing several charges, sentencing submissions need to address more than the individual penalties.
A lawyer may need to make submissions about:
- which offences should be sentenced concurrently;
- whether any sentences should be cumulative;
- how the offences are factually connected;
- the appropriate head sentence;
- the effect of totality;
- whether the proposed sentence is disproportionate;
- the offender’s rehabilitation and personal circumstances; and
- any appropriate non-custodial or community-based sentencing options.
This is particularly important where the prosecution seeks a lengthy cumulative sentence.
The difference between concurrent and cumulative sentencing can have a substantial effect on the final outcome.
What should you do if you are facing multiple charges?
If you are facing multiple criminal charges, do not assume that the penalties will simply be added together.
The outcome can depend on the relationship between the offences, the facts relied upon, your criminal history, the sentencing range for each offence and the way the court approaches concurrency, cumulation and totality.
Before entering a plea or appearing for sentence, obtain advice about:
- the strengths and weaknesses of the prosecution case;
- whether charges can be negotiated;
- the likely sentencing range;
- how the offences may be sentenced together;
- whether concurrent sentences may be appropriate;
- whether cumulative sentences are likely; and
- what material should be prepared for the sentencing hearing.
How Cridland & Hua can help
Cridland & Hua represents people facing criminal charges and sentencing proceedings throughout Queensland.
Where a person is facing multiple offences, we can assess the charges together rather than considering each allegation in isolation.
This can include:
- reviewing the prosecution evidence;
- advising on plea options;
- negotiating charges and facts where appropriate;
- preparing sentencing submissions;
- addressing concurrency, cumulation and totality;
- presenting rehabilitation and personal circumstances to the court; and
- representing clients at sentencing hearings and appeals.
The objective is to ensure the court has a complete and accurate picture of the offending and the person being sentenced.
Speak with Cridland & Hua
If you are facing multiple criminal charges in Queensland, the way those offences are sentenced together can make a significant difference to the overall penalty.
Call Cridland & Hua on (07) 3211 3177 or contact us online for confidential advice.
