Where an offender on parole commits further offences, s.16(3B) of the Sentencing Act 1991 (Vic) requires the new sentence to be served cumulatively on any period of imprisonment required on cancellation of parole, unless exceptional circumstances exist. The sentencing judge is required to take into account the existence of the provision as a general sentencing consideration by recognising the possibilities without speculating as to what the Parole Board might do. Substantial disparity between co-offenders' sentences is rationally explained by significant differences in criminal records and personal circumstances.
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