Where a court restores a suspended sentence under s 83AR of the Sentencing Act 1991 (Vic), the presumption of cumulation in s 83AR(3) does not relieve the sentencing judge of the obligation to consider the totality principle and to give reasons for ordering complete cumulation. A non-parole period set at 80% of the head sentence without explanation will not withstand appellate scrutiny. Where a County Court judge exercises both original and appellate jurisdiction simultaneously, all sentences are treated as imposed in a single proceeding for the purposes of fixing a non-parole period under s 11(4).
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