When sentencing an accessory after the fact, the sentencing judge is entitled to have regard to the nature and circumstances of the principal offence, including the fact that it resulted in death, as relevant context for assessing the gravity of the accessory's offending. The maximum penalty differential between co-offenders charged under s 325 of the Crimes Act 1958 (Vic) with different principal offences may be given limited weight in parity analysis where the higher charge could not have been sustained. Whether relatives of a deceased person qualify as 'victims' under s 3 of the Sentencing Act 1991 (Vic) for the purpose of victim impact statements at the sentencing of an accessory after the fact (as distinct from the principal offender) remains an open question.
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