When sentencing on a joint Commonwealth-State indictment, the preferred approach is to deal with State sentences first, then direct Commonwealth sentences to commence at the expiration of the State non-parole period. Separate non-parole periods must be imposed for State and Commonwealth offences. The presumptive cumulation requirement under s 6E of the Sentencing Act 1991 (Vic) for serious sexual offenders requires adequate explanation if departed from, and failure to order meaningful cumulation for offences against different victims will likely render a sentence manifestly inadequate. A community correction order cannot be equated with imprisonment in terms of punitive effect.
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