The totality principle applies to reduce aggregate sentences for offences under s 120(1) and s 64(1) of the POEO Act arising from the same conduct, even where the offences have no overlapping external elements, because the aggravating factors under s 241(1) POEO Act and s 21A(2) CSP Act create areas of overlap in the criminality reflected in each offence. Environmental harm may be 'substantial' under s 21A(2)(g) CSP Act even where no ecological harm or harm to human health is established, if the nature, duration, and volume of the pollutant, the difference between actual and authorised receiving environments, and interference with public amenity are considered cumulatively. Prior convictions spanning 20 years for different plants and different causes do not necessarily manifest a continuing attitude of disobedience of the law.
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