Section 11(2) of the Sentencing Act 1991 (Vic), though discretionary, imports by necessary implication a requirement that the sentencing court consider whether to fix a non-parole period. A failure to consider that question — as distinct from a deliberate decision not to fix one — constitutes a 'failure to fix a non-parole period in accordance with section 11' within s.13(1), enlivening the Court of Appeal's jurisdiction. The presumption of regularity that a sentencing court considered the non-parole period question may be rebutted where no reasons at all are given for the sentence.
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