Where an offender is sentenced for aggravated burglary alongside offences committed inside the premises, a failure by the sentencing judge to expressly refer to the risk of double punishment is not necessarily a vitiating error. The sentences themselves may demonstrate the absence of double punishment — particularly where the aggravated burglary sentences are modest or lenient and the sentences for offences against the person are within range when considered in isolation from the burglary circumstances. Sentences of 3 years 6 months and 3 years for intimate relationship aggravated burglaries committed in contravention of an intervention order are modest, even lenient, in light of VSCA authorities.
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