A period of immigration detention with a sufficient nexus to the offending must be taken into account in sentencing in a 'broad and practical way', and a sentencing judge's failure to refer to such detention in sentencing remarks may constitute error. The imposition of the same sentence on co-offenders with materially different criminal histories and personal circumstances (including one offender's entitlement to moderation for immigration detention) may infringe the parity principle. Section 280(1)(b) of the Criminal Procedure Act 2009 (Vic) has no application to a substantive appeal following the grant of leave to appeal.
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