Where an offence is effectively repealed and replaced by a different offence with different elements and a lower maximum penalty, the question whether the Ronen principle (requiring regard to changed legislative attitude) applies remains unresolved in Victoria. Even if such a change is relevant, its significance may be limited where the elements of the replacement offence differ from the repealed offence, and the sentence may be upheld on the proviso that no different sentence should be imposed in all the circumstances.
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