For Verdins principles to be applied in mitigation of sentence, counsel must make sufficiently explicit submissions identifying which principles are relied upon; a bare diagnostic label without evidence of causal connection to the offending is insufficient. Following the fivefold increase in the maximum penalty for failing to stop after an accident under s 61 of the Road Safety Act 1986 (Vic), a sentence of three and a half years' imprisonment (approximately one-third of the maximum) is within range without aggravating features. An appellant seeking to rely on fresh evidence of health deterioration in prison bears the burden of proving the deterioration results from inadequate prison treatment rather than the appellant's own non-compliance with medical advice.
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