Orthodox sentencing principles apply to 'course of conduct' charges under the Criminal Procedure Act 2009 (Vic), including that the maximum sentence remains a 'yardstick' for assessing gravity. The fact that a course of conduct charge encompasses hundreds of individual acts does not permit imposition of the maximum sentence where significant mitigating circumstances are present. Prosecutors should carefully consider whether to negotiate a plea on a course of conduct basis, as this constrains the sentencing range and forecloses the possibility of sentencing as a continuing criminal enterprise offender.
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