Where burglary and theft form part of the course of conduct constituting a stalking offence under s 21A of the Crimes Act 1958 (Vic), and the sentencing judge takes those acts into account in fixing the sentence on the stalking count, ordering cumulation of the burglary and theft sentences upon the stalking sentence amounts to double punishment. The acts of entry to premises cannot be characterised differently for stalking and burglary purposes to avoid the Pearce principle.
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