Offenders are commonly sentenced for multiple charges at the same court hearing. This can be because:
- multiple charges arise from multiple incidents, for example, a series of breaking and entering offences might result in multiple charges of burglary and aggravated burglary
- multiple charges arise from a single incident, for example, a bank robbery might result in charges of armed robbery, possession of an unlicensed firearm, making threats to kill and dangerous driving.
The principal sentence in a case with multiple charges is the most severe sentence imposed for a charge within the case. The court will order individual sentences imposed for any other charges in the case to be served with the principal sentence concurrently, cumulatively, or partially cumulatively and partially concurrently.
When the principal sentence is added to the cumulative portion of any other sentences, the court will decide the total effective sentence (also called the head sentence) to be served by the offender.
What Is a Concurrent Sentence?
Concurrent sentences are served at the same time. For example, if a person is sentenced to nine months’ imprisonment for the most serious charge (charge 1) and six months’ imprisonment for another charge (charge 2) to be served concurrently, the total effective sentence will be nine months:
Charge 1 = 9 months
Charge 2 = 6 months to be served at the same time
Total effective sentence = 9 months
What Is a Cumulative Sentence?
Cumulative sentences are served one after another. For example, if a person is sentenced to nine months’ imprisonment for the most serious charge (charge 1) and six months’ imprisonment for another charge (charge 2) to be served cumulatively, the total effective sentence will be 15 months:
Charge 1 = 9 months
Charge 2 = 6 months to be served after
Total effective sentence = 15 months
Partial Cumulation
When a court orders partial cumulation, part of one sentence will be served at the same time as the principal sentence and the other part will be served after the principal sentence has ended.
For example, if a person is sentenced to nine months’ imprisonment for the most serious charge (charge 1) and six months’ imprisonment for another charge (charge 2) with two months’ partial cumulation, the total effective sentence will be 11 months:
Charge 1 = 9 months
Charge 2 = 6 months: 4 months to be served at the same time and 2 months to be served after
Total effective sentence = 11 months
Why are Sentences Served Concurrently or Cumulatively?
The Sentencing Act 1991 (Vic) creates a series of presumptions about whether particular sentences are to be served concurrently or cumulatively. The default position is that sentences of imprisonment are generally to be served concurrently. This is unless an exception applies, such as the offender is classified as a serious offender or the offence was committed while the offender was on parole or bail.
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