Section 16(3C) of the Sentencing Act 1991 (Vic) displaces the presumption of concurrency in s 16(1) for offences committed while on bail, but does not override the sentencing judge's duty to apply the totality principle. A sentencing judge must still consider whether partial concurrency is required to avoid a total effective sentence that is disproportionate to the overall criminality. Where a plea is conducted on the basis that drug manufacture was for personal use and the Crown does not challenge that basis, the sentencing judge must not sentence on the footing that the offender stood to benefit commercially.
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