When a sentence on one count in a multi-count sentencing is found manifestly excessive on appeal, the entire sentencing exercise — including sentences on other counts, cumulation orders, and the non-parole period — is reopened for fresh determination under s 568(4) of the Crimes Act 1958 (Vic). The maximum penalty for rape should be reserved for the very worst cases, and a sentence of 18-20 years for an extremely serious violent rape (without additional aggravating features such as planning, commission in company, or prior sexual offences) would leave insufficient room for worse cases.
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