Reckless murder is not necessarily less culpable than intentional murder; moral culpability does not turn solely on the category of mens rea but must be assessed by reference to all the circumstances of the offence. Time spent on remand for one offence does not count as pre-sentence detention for that offence if the offender was simultaneously serving sentence for another offence, following R v Broad. The interaction between ss 15, 16(3B) and 18(1) of the Sentencing Act 1991 (Vic) regarding pre-sentence detention and cumulation is complex and may contribute to sentencing error.
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