I refer you to the article appearing in Yahoo!7 and the decision of Mill v R [1988] HCA 70; (1988) 166 CLR 59 at paragraph 16, which explains the totality rule with interstate cross jurisdictional offending.

Judge Andrews S.C premised the sentence on the basis that if all the offending conduct, including the Northern Territory offences, were viewed as a whole the appropriate sentence would have been 7 years imprisonment. Hence, taking into account the 28 months spent in custody and the one third rule in relation to parole, Mr Tariq was not sentenced to further actual imprisonment. A suspended sentence in relation the 2 main offences of 5 years was imposed, together with a restitution order.

Brisbane Barrister – David Cormack

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