An aggregate sentence under s 9(1) of the Sentencing Act 1991 (Vic) cannot be imposed where the offences include both dishonesty offences and driving offences, as these are of markedly different kinds and do not satisfy the statutory preconditions. For a child offender aged under 15 with intellectual disability and acquired brain injury sustained in the offending, general deterrence is of no significance and specific deterrence has only a limited role; the injuries sustained constitute extra-curial punishment. The question whether s 362(1) of the Children, Youth and Families Act 2005 applies when a child's matter is dealt with in a superior court after the child objects to Children's Court jurisdiction was left open.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
2 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.