An error by a sentencing judge as to the maximum penalty for an offence is a significant error that reopens the sentencing discretion, and the Crown cannot save the sentence by arguing it was nonetheless appropriate where it cannot be said the error could not have materially affected the sentence imposed. The correct maximum penalty for an attempt offence under s 321P of the Crimes Act 1958 (Vic) is the level specified in that section, not the maximum for the substantive offence.
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