Where the elements of summary traffic offences (excess blood alcohol, speeding) form part of the factual basis for indictable convictions of negligently causing serious injury, conviction on both constitutes double punishment under s 51(1) of the Interpretation of Legislation Act 1984 (Vic). A sentencing judge is not obliged to warn represented defence counsel that mitigating factors put from the bar table are not accepted on the balance of probabilities; the obligation identified in R v Alexandridis is confined to unrepresented offenders. Quashing convictions on summary offences does not re-open the sentencing discretion on indictable offences where the sentencing processes were discrete and no totality issue arises.
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