On a Crown appeal under s 567A(1A) of the Crimes Act 1958 (Vic), where an offender has wholly failed to fulfil an undertaking to give evidence, some increase in sentence will ordinarily follow even where the failure was caused by threats of violence in prison. However, the threats bear on the assessment of the offender's character and, combined with other exceptional circumstances such as rehabilitation prospects and delay in instituting the appeal, may justify increasing only the head sentence while preserving the non-parole period. Delay in instituting such an appeal will rarely be decisive but may be relevant in combination with other factors.
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