When sentencing a serious sexual offender under s 6E of the Sentencing Act 1991 (Vic), the weight to be given to the totality principle must be moderated to ensure consistency with the legislative purpose of s 6E, which requires specific denunciation of separate offences against distinct victims. The similarity of offending and proximity in time between offences against different victims strengthens rather than weakens the case for cumulation. Part 2A does away with the technical consideration of 'prior convictions' and invites the sentencing judge to look at the collection of offences of which the offender has been convicted, so that the chronological order of offending has no real import. A sentencing judge considering imposing a disproportionate sentence under s 6D(b) should give procedural fairness by warning the parties and providing an opportunity for further evidence, even where the Crown does not seek such a sentence.
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