An aggregate sentence under s 9 of the Sentencing Act 1991 (Vic) is inappropriate where there are only two charges of distinct character involving significantly different levels of seriousness. Compliance with s 9(3) requires an announcement of the decision to impose an aggregate sentence, the reasons, and its effect at the point of sentencing — merely indicating during the plea hearing that an aggregate sentence is being contemplated does not satisfy the statutory requirement. However, even where error in imposing an aggregate sentence is established, leave to appeal will be refused if there is no reasonable prospect the Court would impose a less severe sentence. Whether non-compliance with s 9(3) constitutes an error in sentence within s 281(1)(a) of the Criminal Procedure Act 2009 remains an open question.
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