When imposing an aggregate sentence under s 9 of the Sentencing Act 1991 (Vic) for indictable offences, the sentencing judge must first consider the sentence that would have been imposed had separate sentences been imposed for each offence, including whether those sentences should be concurrent or cumulative, and must then review the result against the totality principle. Aggregate sentences should not be imposed on rolled-up counts, as this aggregates an already aggregated matter and makes the sentence more opaque. An unstated element of cumulation in an aggregate sentence does not provide the transparency required for proper appellate review.
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