Where an offender has an appalling criminal history including prior armed robberies and was on conditional liberty at the time of offending, the mitigating factors of youth, deprived upbringing, plea of guilty and parity cannot justify a sentence that does not properly reflect the gravity of the offence and the need for community protection. Section 321 of the Criminal Procedure Act 2009 (Vic) precludes the Court of Appeal from relying on post-sentence medical evidence as a reason for increasing a sentence on a DPP appeal, though such evidence may be relevant to the exercise of the residual discretion or to mitigation on resentence.
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