A sentencing judge's consideration of speculative matters (such as the potential for security measures and increased costs to the public) without an evidential basis constitutes error, but the appeal will be dismissed under s 568(4) of the Crimes Act 1958 (Vic) if the sentence is well within the available range. Voluntary use of methamphetamine causing out-of-character behaviour is not a significant mitigating factor where the drug's effects are well known to cause aggressive behaviour that exacerbates the victim's ordeal.
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