The prohibition on speculation in s 5(2AA)(a) of the Sentencing Act 1991 (Vic) requires the sentencing court to assume the full parole sentence will be served and to take it into account in applying the totality principle. The approach in R v Bradley of reducing the non-parole period by the amount of the parole sentence is confined to the particular circumstances of that case and is not of universal application. It is wrong in principle to fix the non-parole period for later offences as if there will be an 'overall minimum term' aggregating the parole sentence and the non-parole period. Section 14(1) has no application where the offender has already served the non-parole period for the original offences.
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