When applying the totality principle to a sentence cumulated with reclaimed parole under s 16(3B) of the Sentencing Act 1991 (Vic), the sentencing court should examine the nature of the original offending, the total sentence imposed for it, and the period already served — not merely the reclaimed parole period added to the new sentence. However, this broader approach was supported by only two of three judges, with Neave JA reserving the question for a bench of five. The legislative policy of deterring parole violations in s 16(3B) modifies but does not exclude the operation of the totality principle.
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