An offender who commits a substantive criminal offence in breach of a condition of an Extended Supervision Order may be convicted and sentenced for both the substantive offence and the breach offence without infringing the rule against double punishment, provided the sentence on the breach count reflects only the separate criminality of disobedience of the court order. Section 51(1) of the Interpretation of Legislation Act 1984 (Vic) does not preclude such dual convictions. The Monitoring Act conveys an express contrary intention for the purposes of s 51(1).
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