Where an aggravated stalking offence is constituted by a course of conduct whose constituents are breaches of a violence restraining order, s 11(1) of the Sentencing Act 1995 (WA) prohibits sentencing for both the stalking and the individual breaches. The stalking sentence should stand as it subsumes the breach offences. In a court of summary jurisdiction, the proper approach to the maximum penalty is to consider the maximum penalty on indictment, not the summary jurisdiction limit, and there is no separate requirement to consider whether the case falls within the worst category likely to be encountered in a summary jurisdiction court.
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