An apparent error in the allocation of cumulation between individual offences will not warrant appellate intervention under s 280(1)(b) of the Criminal Procedure Act 2009 (Vic) where the total cumulation for the group of offences, and the total effective sentence, remain within range. A sentence of three years' imprisonment (20% of the 15-year maximum) for trafficking simpliciter involving 47 sales to 26 customers over 69 days was held to be moderate.
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