The totality principle applies when sentencing an offender who has already served a period of imprisonment in another jurisdiction, and the sentencing court must take that period into account. The Victorian Court of Appeal has signalled (in obiter) that the requirement in Frugtniet, Mann and Tsang that interstate offences be closely related in time and character is not a precondition to the application of totality, but merely a factor going to weight. Section 5(2AA)(a) of the Sentencing Act 1991 (Vic) prevents consideration of possible future executive action (such as parole revocation) but does not prevent consideration of imprisonment actually served. The question whether totality in multi-jurisdictional cases requires temporal and character connection remains formally open pending authoritative determination.
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