A Crown appeal notice under s 287 of the Criminal Procedure Act 2009 (Vic) need not precisely track the statutory language provided that, read as a whole, it makes clear the Director considers there is error in the sentence. A planned execution to protect a criminal enterprise at least approaches the worst case of murder and warrants a sentence significantly above 23 years. The residual discretion to dismiss a Crown appeal despite error is not enlivened merely by the respondent's submission that consistency can be achieved by a statement of principle rather than resentencing, absent circumstances such as co-offender disparity, delay, imminent parole release, or Crown fault.
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