Where a sentencing judge erroneously cites s 15 of the Sentencing Act 1991 (Vic) instead of s 16 when directing cumulation, the direction is not vitiated if the judge clearly turned his mind to the question of cumulation. The statutory presumption of cumulation under s 16(3C) for offences committed while on bail will ordinarily be maintained where the two sets of offending are unrelated in time and nature and only a short period remains on the earlier sentence.
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