Where an offender has been sentenced in one State and falls to be sentenced in another State for related offending, the totality principle as stated in Mill v The Queen requires the second sentencing court to consider what the likely total effective sentence would have been had all offending been dealt with together. The totality principle may assume significant weight in the sentencing process despite the legislative purpose of serious sexual offender provisions under the Sentencing Act 1991 (Vic) pt 2A. Rehabilitation achieved during the period at liberty between sentences in different jurisdictions is a significant mitigating factor.
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