R v TW

The Crown appealed against the sentence imposed on the respondent, TW, in the District Court of New South Wales. The Crown contended that the sentence was manifestly inadequate.

The central legal issues before the Court of Criminal Appeal were whether the sentencing judge erred in applying the principle of totality prior to determining whether the sentences should be served concurrently or cumulatively, and whether this error manifested in a sentence that was demonstrably inadequate.

The Court of Criminal Appeal found that the sentencing judge had indeed erred by applying the principle of totality before determining the concurrency or cumulation of sentences. This premature application of the totality principle led to an error in the sentencing process, resulting in a sentence that was manifestly inadequate. The Court reasoned that the principle of totality is intended to ensure that the aggregate sentence is just and proportionate, and its application should follow, not precede, the determination of how individual sentences are to be served.

Consequently, the appeal was upheld.