An erroneous classification as a 'serious sexual offender' under Part 2A of the Sentencing Act 1991 (Vic) constitutes an error in the sentence unless the court is satisfied the mistake could not have materially affected the sentence. However, even where such error is established, the appellate court may decline to impose a different sentence where the circumstances of the offending, including high moral culpability and the importance of general deterrence and denunciation, warrant the sentence imposed. A single offence for which the offender is being sentenced cannot be a qualifying offence for the purposes of s 6B(2)(ab) of the Sentencing Act 1991.
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