Where individual sentences on multiple sexual offence counts are manifestly inadequate to reflect the criminality of the offending, an appellate court will re-sentence by increasing individual sentences and achieving the appropriate total effective sentence through concurrency, rather than leaving artificially low individual sentences standing. The Court of Appeal has power under s.569(1) of the Crimes Act 1958 (Vic.) to increase individual sentences on re-sentencing even where the appellant appeals on grounds of excessive sentence. An appellant who appeals on grounds of insufficient concurrency risks having individual sentences increased.
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