Where an offender is diagnosed with terminal illness after sentencing, drastically reducing life expectancy beyond what was known at sentencing, this constitutes admissible fresh evidence warranting resentencing with a reduced non-parole period. Specific deterrence becomes irrelevant for a terminally ill offender. Incorrect classification as a 'serious drug offender' under s 6B of the Sentencing Act 1991 (Vic) is a material error vitiating the sentencing discretion because the sentencing judge must be taken to have given effect to the s 6D(a) directive to treat community protection as the principal sentencing purpose.
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