When sentencing for an offence of participating in a criminal organisation under s 83E(1) of the Criminal Law Consolidation Act 1935 (SA), the sentencing judge must ensure the sentence punishes only the conduct constituting the participation offence and not the substantive offending separately charged and punished. However, the s 83E(1) offence is wider than specific substantive offending and includes conduct that may not itself constitute a substantive offence. The totality principle may have no application where the overall sentence is already merciful given the seriousness of the offending.
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