Where a conviction is quashed on the ground of double punishment, the appropriate order is to direct a verdict of acquittal under s 568(2) of the Crimes Act 1958 (Vic), not to dismiss the charge without conviction under s 7(1)(j) of the Sentencing Act 1991 (Vic), because dismissal without conviction is a sentencing order and part of a regime of punishment. A sentencing judge has no power under s 14 of the Sentencing Act 1991 (Vic) to fix a new single non-parole period encompassing both the unexpired term of a previous sentence and a new sentence where the non-parole period of the previous sentence has expired. On resentencing, the court should proceed on the assumption that the offender will be required to serve the full balance of the parole sentence.
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