General deterrence is excluded from consideration when sentencing a child under s 362(1) of the Children, Youth and Families Act 2005 (Vic). The four prior Court of Appeal decisions treating general deterrence as relevant to child sentencing (R v PP, DPP v SJK, R v PDJ, DPP v TY (No 2)) are distinguishable because in each case the sentencing was governed by the Sentencing Act 1991 (Vic), not the CYF Act. Where a child is acquitted of an excluded offence but convicted of offences within the Children's Court's jurisdiction, the child is entitled to be sentenced subject to the Children's Court sentencing limits, including the 2-year maximum detention period under s 413(2) of the CYF Act.
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