Where conduct underlying a criminal damage count is subsumed within a riot count, a separate conviction and sentence on the criminal damage count constitutes double punishment and the conviction should be quashed rather than merely made concurrent. A forensic sample order under s 464ZF of the Crimes Act 1958 (Vic) is not part of a sentence and cannot be challenged on an appeal against sentence, though it remains amenable to common law judicial review. The parity principle does not require equivalent sentences where the appellant's offending was substantially more extensive in time, number of incidents, and leadership role than that of co-offenders sentenced in a different court.
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