On a Director's appeal against sentence, evidence demonstrating that the sentencing judge was positively misled by false assertions in mitigation is admissible notwithstanding the proviso to s.574 of the Crimes Act 1958 (Vic), because such evidence is not led for its intrinsic worth but to negate false material, and the offender is re-sentenced not 'by reason of or in consideration of' the fresh evidence but on the basis of the evidence as it stands minus the false facts. The 'modifications and adaptations as are necessary' language in s.567A(5) provides an additional basis for disapplying the proviso where fraud by the respondent is alleged.
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