News · Criminal law explainer
Totality and aggregate sentences in NSW.
A person sentenced for several offences at once is not simply given each maximum stacked on top of the last. The totality principle requires the court to step back and make sure the overall sentence is just and proportionate to the whole of the offending. This note explains how concurrent and consecutive sentences work, what an aggregate sentence is under section 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW), and how totality shapes the result.
By Aaron Kernaghan · Published 3 September 2026
What is the totality principle?
Totality is a long-standing sentencing principle. When a court imposes sentences for more than one offence, it must consider the total effect of those sentences and ensure the overall result is just and appropriate to the total criminality. The leading statement is in Mill v The Queen (1988) 166 CLR 59.
The idea is that the sum can be too much even where each individual sentence is sound. Totality is the check that stops a series of proper sentences producing a crushing total that no single offence would justify.
Concurrent and consecutive sentences
Sentences can be served concurrently, meaning at the same time, or consecutively, meaning one after the other. Wholly concurrent sentences produce a total no longer than the longest single sentence. Wholly consecutive sentences add up. In practice courts often use partial accumulation, overlapping the sentences to reflect that the offences are related but distinct.
The degree of accumulation reflects how connected the offences are. Offences that are part of one episode tend to attract more concurrency; separate offences on different occasions tend to attract more accumulation.
What is an aggregate sentence?
Section 53A allows a court to impose a single aggregate sentence of imprisonment for two or more offences, rather than a separate sentence for each. The court must still indicate the sentence it would have imposed for each offence had separate sentences been imposed, so the reasoning is transparent.
Aggregate sentencing is common where there are many offences. It lets the court set one overall head sentence and one non-parole period that reflect the whole of the offending, while still showing the individual figures behind the total.
How totality affects the non-parole period
Totality applies to the non-parole period as well as the head sentence, because the non-parole period is what usually decides time in custody. The court considers the total time to be served before release, not just the total head sentence. Our note on the non-parole period explains how that figure is set.
A finding of special circumstances can also feature, allowing a longer parole period where a long total sentence would otherwise leave little time under supervision on release.
Why totality matters to the defence
In a matter with many charges, totality is often where the real argument lies. The individual sentences may be hard to move, but the degree of accumulation, and the final total, are open to submissions. A good result on totality can make a large practical difference to time in custody.
This is careful, technical work: identifying which offences are truly separate, which form part of one course of conduct, and how the sentences should overlap. Our note on the section 21A factors sits alongside this in shaping the sentence.
Frequently asked.
What is the totality principle?
A sentencing principle that requires a court sentencing a person for several offences to ensure the overall sentence is just and proportionate to the total criminality, not merely the sum of the individual sentences. The leading case is Mill v The Queen (1988) 166 CLR 59.
What is the difference between concurrent and consecutive sentences?
Concurrent sentences are served at the same time, so the total is the longest single sentence. Consecutive sentences are served one after the other and add up. Courts often partly accumulate sentences to reflect that offences are related but distinct.
What is an aggregate sentence?
A single sentence of imprisonment imposed for two or more offences under section 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW). The court must still indicate the sentence it would have set for each offence separately.
Does totality apply to the non-parole period?
Yes. Totality applies to both the head sentence and the non-parole period, because the non-parole period usually decides time in custody. The court considers the total time to be served before release.
Why does totality matter in a multi-charge case?
Because it is often where the sentence can be reduced. Even where individual sentences are sound, submissions about the degree of accumulation and the just total can make a real difference to time in custody.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.