Where an offender seeks a sentencing discount for quasi-custody at a residential rehabilitation facility under Akoka, the evidence must describe in sufficient detail the restrictions on liberty actually applied in practice, not merely the bail conditions imposed; evidence of bail conditions alone, particularly where discretionary conditions may have been relaxed, is insufficient. A sentencing judge's observation that a drug-addicted trafficker was 'prepared to prey on others' despite knowing the misery of addiction is a permissible statement of fact, not an impermissible use of drug addiction as an aggravating factor. The Stanton principle regarding jury deliberation freedom has been abolished in Victoria for trials commencing on or after 1 October 2017.
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