Sentencing for Multiple Offences: Totality and the Overall Sentence

If you have been charged with several offences, do not assume the sentence will be one punishment stacked on top of another. It doesn't work that way. The court looks at the offending as a whole and considers what the overall sentence should be. That's why post-charge preparation matters: each count needs attention, but so does the way the counts connect and what the court should hear about you in relation to each.

How the Totality Principle Affects the Final Sentence

‍If you're facing multiple charges, advice from post-charge solicitors regarding sentencing multiple offences on the totality principle can help you understand how the offences may be treated together, and how the overall sentence is assessed.

The principle of totality does most of the work here. When several offences are dealt with at one hearing, the final sentence has to reflect how serious the offending is without tipping into something disproportionate. Below, we explain the main issues you're likely to meet when facing sentencing for multiple offences.

Why Multiple Offences Are Considered Together

Courts don't sentence each count in a vacuum. Once the individual sentences are worked out, the judge steps back and asks whether the total is just. That's totality.

How the offences relate to each other shapes the answer. Some come from a single incident. Some involve the same underlying conduct. Others are genuinely separate acts that happen to be before the court together. The court will treat these differently, so the defence needs to explain which category your case falls into. Going through the counts one by one without showing how they fit together leaves the judge with only half the picture.

Concurrent and Consecutive Sentences

This is where the practical difference shows up. Concurrent sentences run at the same time, while consecutive sentences run one after the other.

Take two offences, each carrying 12 months. Served concurrently, you'd serve 12 months in total. Served consecutively, the figure becomes 24 months before any adjustment for totality. Same offences, very different outcome.

Which approach applies depends on the facts. The court looks at how closely the offences are linked, the harm each caused, and whether they amount to separate criminality. A sentencing submission should deal with this head-on: set out how the offences relate, and show what the proposed sentence means when you add it all up.

The Importance of the Overall Picture

A judge can get every individual sentence right and still arrive at a total that feels wrong. Defence submissions should therefore speak to the combined result, not just the parts. Our post-charge solicitors give you full clarity regarding sentencing multiple offences on the totality principle and can help you prepare for the hearing. We achieve this by considering how individual sentences interact and whether the overall sentence properly reflects the offending.

None of this makes the seriousness of each offence irrelevant. It remains central. But cases with several counts built on overlapping facts need particular care. Setting out the offences clearly, drawing the links between them, and flagging anything that risks being counted twice all help the court land on a fair figure.

Personal Mitigation Still Matters

Facing multiple charges doesn't take personal mitigation off the table. Your personal circumstances still count.

Age, health, family responsibilities, employment, and rehabilitation can all be put before the court. So can evidence of steps you've taken since the offending, such as completing a course, seeking treatment, or holding down work. Character references may help too, depending on the case. The key is to be selective. Include what genuinely supports you and present it concisely.

Mitigation also has a limit. It tells the court about you; it shouldn't read as an attempt to distract from the offences themselves.

Avoiding Double Counting

Double counting is easy to miss and costly if it slips through. It happens when one feature of the offence, say the use of a particular tool or a breach of trust, pushes up the sentence on several counts at once.

If two counts arise from the same events, the defence should point out where they overlap and explain how the shared feature applies to each. The aim is to separate what is truly distinct from what simply repeats across the charges, so the court isn't penalising the same crime twice.

Preparing for a Complex Sentencing Hearing

A hearing with multiple offences is rarely straightforward. There may be several counts, differing facts, a mix of aggravating and mitigating features, and sentences that need to fit together sensibly.

Good preparation usually means putting the material into a clear, usable form: a schedule of offences, an agreed factual basis for sentence, the mitigation, and details of any ancillary orders the court may need to consider. A post-charge solicitor can help determine what needs to be done and when. Start with the overall picture from day one, not as an afterthought once the individual sentences have been drafted.

Practical Steps for the Defence

If you're facing sentencing for multiple offences, these steps are a good starting point:

• Go through each offence and make sure you understand the basis on which you'll be sentenced.
• Work out how the offences relate to one another and whether any of the conduct overlaps.
• Gather evidence to support your personal mitigation.
• Look for features that could be counted more than once.
• Put together a clear account of your circumstances and what you've done towards rehabilitation.
• Get specialist advice before you make any admissions or agree to the factual basis for the sentence.
• Make sure the overall effect of the proposed sentence is dealt with at the hearing.

Both individual counts and the combined result need attention. The court should have what it needs to assess the whole.

How Holborn Adams Can Help

Holborn Adams acts for clients in serious and complex criminal cases on a privately funded basis. We work from the evidence, paying close attention to the facts of the offence, the sentencing issues that arise, and the mitigation that should go before the court.

With multiple offences, treating each count separately isn't enough. Early advice from our post-charge solicitors can help you understand the sentencing position and ensure the relationship between the offences, mitigation, and totality is properly addressed.

We also recommend a post-charge review of your case. It gives us time to examine the evidence, understand your circumstances, and make sure your position is presented clearly. The right approach will always depend on the offences, the facts and you as an individual, and specialist advice can help you understand the process before the hearing arrives.

This article is for general information only and is not legal advice. For confidential advice on sentencing for multiple offences, contact Holborn Adams to speak with an experienced solicitor.

FAQs

What does totality mean in sentencing?

‍This means that the court looks at the overall effect of all the sentences for a number of offences, not each one by itself.

Can sentences for multiple offences run at the same time?

‍Yes. These are concurrent sentences. Whether they apply depends on how the offences relate to each other and on the facts of the case.

What is a consecutive sentence?

‍A consecutive sentence starts only after another has finished, so it can significantly lengthen the total time.

Does each offence receive a separate sentence?

‍The court considers each offence, but it considers the overall sentence that is to be imposed.

What is taken into account when sentencing for multiple offences?

‍The court weighs the offences themselves, their circumstances, any aggravating and mitigating features, and the overall effect of the sentence.

Can personal circumstances affect a sentence?

‍They can. Age, health, family responsibilities, employment and rehabilitation may all be relevant to mitigation.

What is double counting in sentencing?

‍It's when the same feature of the offence is relied on more than once, which can push the overall sentence higher than it should be.

Can rehabilitation help at sentencing?

‍Yes, evidence of rehabilitation or positive change can form part of your mitigation, depending on the case.

What should I prepare before a sentencing hearing?

‍Gather details of the offences, your mitigation and personal circumstances, and any points about the combined effect of the sentence.

When should I speak to a post-charge solicitor?

‍As early as you can. That gives time to consider the sentencing position, your mitigation, and how the offences relate to each other.