A sentencing judge's application of the wrong statutory test under s 10A(2)(e) of the Sentencing Act 1991 (Vic) does not constitute an 'error in the sentence' under s 281(1)(a) of the Criminal Procedure Act 2009 (Vic) where the error could not have materially affected the sentence imposed — specifically, where the non-parole period would have been at least four years regardless. There is no mandated sequence requiring consideration of s 10(1) before arriving at the sentence; a judge may approach the sentencing task and turn to s 10(1) only if necessary. On conviction appeals, the mental element of recklessness in causing serious injury is to be assessed by reference to all the evidence, not merely the objective physical circumstances of the collision.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
6 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.