Representations made to police at the scene of an ongoing dangerous situation, for the purpose of assisting police to deal with that situation, satisfy the requirements of s 66 of the Evidence Act 2008 (Vic) and are not made 'for the purpose of indicating the evidence' the maker could give in proceedings under s 66(3). A cold-blooded, unprovoked murder by an offender on parole with significant prior convictions, no remorse, no guilty plea, and poor rehabilitation prospects warrants a sentence significantly above 22 years. The Court inclined to the view that post-offence conduct capable of being charged as a separate offence (such as attempting to pervert the course of justice) should not be treated as an aggravating circumstance of the primary offence, but did not finally determine this question.
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