Where a sentencing judge must impose a sentence for a serious offence to be served partly cumulatively on sentences already imposed by a higher court, the totality principle requires a substantial reduction in the individual sentence to ensure the total effective sentence reflects overall criminality. Offending while on bail, which engages the presumption of cumulation under s 16 of the Sentencing Act 1991 (Vic), is a significant differentiating factor when comparing sentences with co-offenders.
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