Supreme Court re-sentences appellant following conclusion that there had been a failure to have regard to the totality principle

Supreme Court - first judgment in appeal against severity of sentence was delivered in December 2022 - Court concluded that both the trial court and the Court of Appeal had erred in principle in imposing sentence - second hearing was held in February 2023 for the purpose of resentencing the appellant - appellant had been convicted after trial in the Circuit Court on foot of five counts of indecent assault - victim had been groomed and abused by the appellant in the appellant's family home - trial judge imposed a sentence of 21 months in respect of each offence and made the sentences consecutive - Supreme Court held that the imposition of consecutive sentences carries with it the need to ensure that the totality principle is observed - legitimate to come to a view that, having regard to all the circumstances in a case, it is appropriate to impose consecutive sentences in relation to a series of offences committed against an individual over a period of time - no apparent consideration by the trial court of the totality of the sentences imposed - Court imposed a sentence of 21 months on each count, to run concurrently in respect of the first two counts on the indictment - imposed a sentences of 21 months on each count, to be served concurrently as between each other but consecutively to the sentences on the first two counts - imposed a sentence of 21 months on the last count, to be served consecutively to the sentences imposed on counts 3 and 4 - last six months suspended for a period of three years on the usual terms and conditions.