Where a sentencing judge finds no exceptional circumstances under s 16(3B) of the Sentencing Act 1991 (Vic), the judge cannot order any concurrency between the new sentence and the parole sentence; the totality principle may only be given effect by moderating the head sentence for the new offences. Subsequent violent offending is relevant on re-sentencing to reduce the weight given to rehabilitation prospects and to increase the weight given to community protection and specific deterrence, particularly for youthful offenders with extensive histories of violence.
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