The fact that an offender is serving a life sentence is not a relevant consideration under s 11(1) of the Sentencing Act 1991 (Vic) when deciding whether to decline to fix a non-parole period. The only permissible considerations are the nature of the offence and the past history of the offender. Where a sentencing judge exercises the s 11(1) discretion to decline to fix a non-parole period, s 13(1) does not apply because there has been no 'failure' to fix a non-parole period.
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