Where offences committed as a child or young person are prosecuted many years later, the sentencing court must assess moral culpability by reference to the offender's age and maturity at the time of offending, not at the time of sentencing; general deterrence plays a lesser role; and the absence of further offending and rehabilitation are significant mitigating factors. The hypothetical sentence that would have been imposed at the time of offending is a relevant but not determinative factor, and must not be given inappropriately large weight. A representation admitted under s 66(2)(b) of the Evidence Act 2008 (Vic) need not precisely coincide with the representor's viva voce evidence to be admissible. A Palmer direction on motive to lie is not required in every case where motive is raised in cross-examination.
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