Following the abolition of double jeopardy in ss 289 and 290 of the Criminal Procedure Act 2009 (Vic), Crown appeals against sentence are no longer subject to a more stringent test than offender appeals, but a residual discretion to refuse to intervene survives. The Director on a Crown appeal is limited by the case advanced by the prosecutor at the plea and cannot rely on material not put before the sentencing judge. A sentence may be lenient but still fall within the permissible range where significant mitigating factors including intellectual disability are present.
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