When sentencing on representative counts in Victoria, the sentencing judge is entitled to have regard to the 'whole picture' of the offending conduct without requiring detailed particularisation. The representative nature of a count precludes mitigation on the basis that the offence was isolated and enables the offence to be seen in its full circumstantial context, which is likely to attract a greater sentence than an isolated offence. While describing this as an 'aggravating feature' is not erroneous when used colloquially, the expression should be avoided to prevent confusion between denying mitigation and asserting aggravation. The Victorian position does not require the level of particularisation mandated in NSW under R v JCW.
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