A victim impact statement complying with s 95B of the Sentencing Act 1991 (Vic) may be received as hearsay without the victim being called to give evidence. A sentencing judge may rely on material in a victim impact statement that goes beyond s 95B, provided the judge makes plain the intention to do so and counsel does not object. Defence counsel who fail to object to inadmissible material in victim impact statements cannot succeed on appeal unless the sentencing judge necessarily relied on such material.
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