A sentencing judge's finding that harm was a 'direct consequence' of offending under s 5(2)(db) of the Sentencing Act 1991 (Vic) must be supported by evidence, and where the prosecutor effectively abandons a submission on such a matter during the plea hearing, the judge's adoption of the finding without affording the defence an opportunity to address it constitutes a denial of procedural fairness that vitiates the sentencing discretion. The Court declined to make any general statement about the effect of COVID-19 on sentencing, noting the absence of adequate material and the rapidly evolving situation, but accepted the pandemic was causing additional stress for prisoners.
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