An erroneous classification of an offence as a 'serious violent offence' under Schedule 1, clause 3 of the Crimes Act 1958 (Vic) is a material sentencing error that vitiates the sentences imposed, because different sentencing considerations (including the requirement to treat community protection as the principal purpose) apply to serious violent offenders. Where such error vitiates one co-offender's sentence, parity requires the sentencing discretion to be reopened for other co-offenders.
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