Where an offender is sentenced for offences committed while on Victorian parole and the Parole Board has not yet revoked parole, the sentencing judge may not have regard to the possibility of parole revocation or apply the totality principle in respect of the potential parole sentence; s 5(2AA) of the Sentencing Act 1991 (Vic) precludes this. However, where parole has already been revoked before sentencing, the totality principle applies in full and the sentencing judge must take the parole sentence into account. Where Commonwealth parole is automatically revoked upon sentencing (under s 19AQ of the Crimes Act 1914 (Cth)), s 5(2AA) has no application and totality must be considered.
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