For the offence of dangerous driving causing death, a community correction order is not available as a sentencing disposition where the offender's moral culpability is assessed as high and the offending is in the mid-range of seriousness, even where very powerful mitigating circumstances exist including PTSD, early guilty plea during COVID-19, and profound remorse. The mitigating factors are relevant to moderating the term of imprisonment but not to avoiding imprisonment altogether. A sentence indication under s 207 of the Criminal Procedure Act 2009 (Vic) does not preclude a Crown appeal, and an accused who pleads guilty in reliance on a sentence indication bears the risk that the Crown may successfully appeal. The question of whether a sentence indication is relevant to the residual discretion on a Crown appeal was left open.
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