Where two environmental offences arise from the same incident and have no overlapping elements, the totality principle may still require adjustment of the aggregate sentence where there are areas of overlap in the aggravating factors that increase the objective seriousness of each offence. A corporate offender's prior environmental convictions are not an aggravating factor where the prior offences were different in cause, circumstance and consequence from the current offences. The foreseeability of environmental harm for sentencing purposes is assessed by the Wyong Shire Council v Shirt standard — a risk is foreseeable if it is not far-fetched or fanciful.
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