Where an offender has misled the sentencing court at an earlier sentencing about the extent of criminal behaviour, the sentencing judge is entitled to take this into account in fixing a proportionally higher non-parole period when sentencing for subsequently discovered offences. The non-parole period fixed on a prior appeal is not binding on the sentencing judge when imposing a new non-parole period under s 14 of the Sentencing Act 1991 (Vic).
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