Where there has been significant delay between the making of complaints and the charging of an offender for historical sexual offences against children, the delay is a relevant mitigating factor that must be given adequate weight, particularly where the delay was not caused by the offender and the period of non-offending is relevant to rehabilitation prospects. The principle of totality retains full application when sentencing a serious sexual offender under s 6D of the Sentencing Act 1991 (Vic) where the danger to the community of further offending is generally low, and can be addressed through orders as to concurrency and cumulation.
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