When sentencing for offences committed while on parole, the court must first consider whether exceptional circumstances exist under s.16(3B) of the Sentencing Act 1991 (Vic) to displace the prima facie rule of cumulation. The prohibition on speculation in s.5(2AA) does not prevent the court from taking into account a sentence already being served upon cancellation of parole; rather, the court is bound to assume the full term of the original sentence will be served. The totality principle must 'bulk large' in determining the aggregate sentence, requiring appropriate relativity between total criminality and total sentence including sentences currently being served consequent upon cancelled parole.
The full text is available to signed-in members, including the 34 later cases that cite this judgment.
10 of the 34 citing cases carry a classified treatment. How each court treated it is available to signed-in members.