When sentencing for breach of a supervision order where the offender has already been sentenced for the substantive offence constituting the breach, the sentence for the breach must be moderated to the extent of the overlap in offending conduct, in accordance with Pearce. The sentencing court must not rely on the same aggravating factors already taken into account in the sentence for the substantive offence. Section 5(2BD) of the Sentencing Act 1991 (Vic) does not prohibit a sentencing court from taking into account that the offender was subject to a supervision order at the time of the offending — it only prohibits regard to the present or future existence of such an order.
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