Contin v The Queen

Contin v The Queen involves an appeal against sentence where the appellant pleaded guilty to one count of burglary, one count of theft, two counts of kidnapping, and one count of robbery. The crimes were committed on 8 February 2008, with two female victims, one of whom was elderly. The appellant was already on parole at the time of the crimes, having been sentenced in 2003 for similar offenses. In May 2009, the appellant was sentenced to four years and two months' imprisonment with a non-parole period of two years and ten months for offenses of a similar nature committed on 23 January and 16 February 2008. The parole for the 2003 offenses was cancelled in May 2010, and the appellant was required to serve approximately two years and six months of the 2003 sentence, as well as the sentences imposed in May 2009.

The primary legal issue in this appeal was whether the sentence of eight years' imprisonment with a non-parole period of five years and six months contravened the principle of totality. This principle ensures that the cumulative effect of multiple sentences does not exceed what would have been imposed for all offenses committed as a single act. The appellant argued that the cumulative effect of the sentences resulted in an excessive punishment. The court had to consider the totality of the sentences, the nature of the offenses, and the appellant's history of similar offending.

The court found that the cumulative effect of the sentences indeed contravened the principle of totality. The total effective sentence imposed on the appellant, taking into account all the offenses and previous sentences, was excessive. The court acknowledged the principle of totality and the need to ensure that the cumulative effect of multiple sentences does not unduly punish the offender. Consequently, the appeal was allowed, and the appellant was resentenced. The court fixed a new single non-parole period, aligning with the Sentencing Act 1991 section 16(3B). This decision aimed to correct the cumulative effect and ensure that the overall sentence was just and proportionate to the offenses committed.