Where an offender is diagnosed after sentencing with a progressive dementia that was highly probably present in its early stages at the time of sentence, this constitutes fresh evidence warranting reopening of the sentencing discretion. Where the offender is unaware of incarceration, nonverbal, and has reduced life expectancy, the purposes of sentencing — specific deterrence, general deterrence, community protection, and rehabilitation — may be so diminished as to warrant resentencing to a straight sentence permitting immediate release. An incapacitated prisoner may bring an appeal through an administrator appointed by VCAT under the Guardianship and Administration Act 1986 (Vic).
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