What is the totality principle of sentencing in the context of sexual assault cases?
Newfoundland and Labrador, Canada
The following excerpt is from R. v. Ivany, 2014 CanLII 47660 (NL PC):
In Guler v. The State of Western Australia [2014] WASCA 83, it was indicated at paragraph 35, that totality principle of sentencing requires that “the total effective sentence must bear a proper relationship to the overall criminality involved in all the offences, viewed in their entirety and having regard to the circumstances of the case, including those referable to the offender personally.”
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