Where an offender is sentenced for false imprisonment, the general milieu of violence and prospect of extortion may be taken into account as aggravating circumstances, but serious injuries inflicted by co-offenders in the offender's absence and for which the offender is not charged are not a 'direct result' of the false imprisonment within ss 3 and 5(2)(db) of the Sentencing Act 1991 (Vic) and cannot be treated as aggravating. The intervening criminal acts of co-offenders break the required direct connection. Where parties agree on a factual basis for a plea including uncharged acts, the agreement should be recorded in writing and communicated to the sentencing judge.
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