A sentencing judge who imposes a disproportionate sentence under s 6D(b) of the Sentencing Act 1991 (Vic) must clearly state that such a sentence is being imposed and must make a finding, to the standard of beyond reasonable doubt, that the offender will remain a danger to the community beyond the expiry of a proportionate sentence. The proportionate sentence must be identified. Where a jury acquits on related counts, the sentencing judge must sentence on a factual basis consistent with the verdicts on all counts, not merely the count of conviction.
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