Where two or more sexual offences are committed within moments of each other against the same victim as part of a single transaction, substantial concurrency is required and cumulation of one-third of the sentence on the subsequent charge is significantly out of kilter with current sentencing practice. The single transaction rule, while no longer an inflexible precept, remains a significant limiting principle on cumulation. Evidence of what a witness did not say to another person is original evidence, not hearsay, and is admissible to attack credibility.
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