Section 6D(a) of the Sentencing Act 1991 (Vic), which makes protection of the community from the offender the principal purpose of sentence for serious sexual offenders, does not exclude denunciation, general deterrence and just punishment as sentencing purposes. Uncharged acts may be used as context to deny leniency (showing charged offences were not the totality of offending) without constituting impermissible aggravation, following Weininger. Childhood sexual abuse of an offender need not be expressly addressed in sentencing remarks where it was not raised in submissions and its consequences were not established by evidence, particularly where the relevant consequence (sexual confusion) was otherwise taken into account. Ryan v The Queen does not constitute authority that public opprobrium is properly taken into account by way of mitigation.
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