A confusing Crown opening that leads the sentencing judge to sentence on a materially different factual basis than the actual charge constitutes specific error warranting resentencing. Sentences for historical sexual offences must conform to current sentencing practices, meaning practices which now apply having regard to the maximum sentence applicable when the offence was committed. Sentencing judges must distinguish between penetrative and non-penetrative sexual offending when imposing individual sentences. The question whether the Court of Appeal has power to delay the commencement date of a State sentence under s 17 of the Sentencing Act 1991 (Vic) was left open.
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