Ricciardello v The Queen

The appellant, Ricciardello, was convicted of various criminal offences and sentenced to a cumulative total of 19 years and 9 months imprisonment. The case was appealed to the court on the basis that the total sentence was manifestly excessive. The central issue before the court was whether the overall sentence imposed was disproportionate when considering the principle of totality, which dictates that a sentence should not be so excessive as to be unjust.

The court considered whether each individual sentence was within the appropriate range, and found that they were not manifestly excessive. However, the court noted that the principle of totality had not been adequately considered when calculating the period of the sentence for the breach of parole. This principle requires the court to consider the entire sentence to be served, rather than each individual sentence in isolation. The court determined that the total sentence of 19 years and 9 months should be reduced on account of the totality principle, leading to a revised total sentence of 16 years and 9 months. This reduction was achieved by decreasing the sentence for aggravated burglary to 4 years and 9 months.

The court granted leave to appeal and allowed the appeal, reducing the total sentence from 19 years and 9 months to 16 years and 9 months. The court ordered that the total sentence be reduced to reflect the appropriate application of the totality principle.