The uniform practice from R v Rich (No 2) requiring new single non-parole periods under s 14 of the Sentencing Act 1991 (Vic) to commence on the date they are fixed is neither a rule of law nor a statutory requirement; sentencing judges may depart from it and specify the date of an earlier sentence as the commencement date where practical difficulties arise. Where the facts on which an accused pleaded guilty cannot constitute the charged offence but can constitute an alternative offence under the same statutory provision, the indictment may be amended under s 165 of the Criminal Procedure Act 2009 (Vic) on appeal, reopening the sentencing discretion for the substituted charge.
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