On a Crown appeal under s.567A(1A)(a) of the Crimes Act 1958 (Vic) for breach of an undertaking to assist authorities, exceptional circumstances may justify the Court of Appeal not imposing a more severe sentence upon re-sentencing. Such circumstances may include where the original sentence was at the top of the appropriate range even without the undertaking discount, due to other significant mitigating factors (such as mental illness, voluntary confession, and pleas of guilty) not having been given adequate weight by the sentencing judge.
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