An offender cannot be sentenced as a serious violent offender under s 6B of the Sentencing Act 1991 (Vic) unless a prior conviction for a serious violent offence actually attracted a term of imprisonment or detention in a youth training centre; a community-based order for such an offence does not qualify. Where a sentencing error vitiates the exercise of discretion, the appellate court will resentence and may exercise mercy where the court's sympathies are reasonably engaged by genuine remorse, rehabilitation efforts, and the additional burden of custody due to family circumstances.
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