The prima facie rule under s 16(1) of the Sentencing Act 1991 (Vic) is concurrency, and total cumulation is not the 'normal rule' even between separate episodes of offending; a degree of cumulation may be appropriate but total cumulation requires justification. When sentencing Aboriginal offenders, courts must properly assess the significance of the offender's Aboriginality, including childhood separation from natural parents and its connection to offending behaviour, as these are relevant to moral culpability, the causes of offending, and prospects of rehabilitation. All offences must be individually assessed as to whether they are 'relevant offences' under the serious offender provisions; the court cannot simply treat all counts on a presentment as relevant offences without making the required findings.
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