Directions for cumulation of sentences must be made upon a base or head sentence; it is invalid to direct cumulation of parts of terms 'upon each other' without identifying a starting point. The scheme of the Sentencing Act 1991 (Vic) requires that every term of imprisonment be served and that there be a base term as the point of reference for all directions relating to concurrency or cumulation. Delay between offending and sentencing does not give an automatic right to a discount; the effects of delay are what matter, and where the offender has been in custody, has continued offending, and the delay is attributable to the complexity of the case and the offender's lack of cooperation, no discount is warranted. Early indications of intention to plead guilty may be given reduced weight where they are shown to be tactical manoeuvres rather than genuine expressions of remorse.
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