Persons present in premises targeted by a conspiracy to commit violence are 'victims' under s 3 of the Sentencing Act 1991 (Vic) even where the conspirators are apprehended before the substantive offence is committed and the occupants learn of the conspiracy only from police afterwards. Where a sentencing judge treats possession of a firearm as an aggravating feature of a conspiracy charge and also sentences separately for the firearms offence, double punishment may occur, but the error will not warrant resentencing if the offender's prior criminal history independently justifies placing the firearms offence in the more serious category.
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