On a Director's appeal against sentence under the Criminal Procedure Act 2009 (Vic), the burden lies on the Crown both to demonstrate error in the sentence and to negate any reason why the residual discretion should be exercised to dismiss the appeal, following CMB v Attorney-General (NSW). Cases cited as 'comparable' must fall broadly within the same category of seriousness as the subject offence; cases selected solely by reference to the sentence imposed rather than the nature of the offending are not 'like' cases and should not be cited. The question whether the approach to deportation risk as a mitigating factor will change following the mandatory visa cancellation provisions in s 501(3A) of the Migration Act was left open.
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