There is no impediment in s 9 of the Sentencing Act 1991 (Vic) to an aggregate sentence exceeding the maximum sentence that could have been imposed for one of the component offences. Aggregate sentences should not be imposed where the indictment contains only a small number of counts or where the counts vary significantly in their seriousness. Whether an uplifted summary offence can properly be included within an aggregate sentence under s 9(1) remains an open question.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
5 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.