The totality principle has more limited scope in serious sexual offender cases under s 6E of the Sentencing Act 1991 (Vic), and the ordinary application of the totality principle is not a sufficient ground to enliven the discretion to direct concurrent sentences. Even where an offender has been rehabilitated, is elderly, and is in ill health, these mitigating factors must be balanced against the seriousness of the offending, and a sentencing judge who carefully considers and articulates the weight given to each factor will not be found to have erred. Deterioration of health in custody that was foreseeable at the time of sentence does not warrant appellate interference.
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