Section 280(1)(b) of the Criminal Procedure Act 2009 (Vic) permits the Court of Appeal to refuse leave on parts of a ground of appeal (individual sentences and cumulation orders) while granting leave on other parts (non-parole period), where there is no reasonable prospect of reducing the total effective sentence. The way an application for leave is drafted — whether points are expressed individually or collected in a single ground — cannot foreclose the proper application of s 280(1). A lenient total effective sentence does not make a moderate non-parole period manifestly excessive.
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