The principle of totality has limited application when sentencing an offender who is serving an indeterminate life sentence; the sentencing judge's principal obligation is to fix a sentence reflective of the criminal culpability of the particular offending. The Renzella discretion to credit pre-sentence detention does not extend to periods of detention attributable to a life sentence for unrelated offending. An application for leave to cross-examine a complainant on prior sexual abuse under s 349 of the Criminal Procedure Act 2009 (Vic) requires a proper and rigorous evidentiary foundation demonstrating a direct contradiction, inconsistency, or evidential link between the prior abuse and the alleged offending — mere existence of prior abuse is insufficient.
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