A s 16AC specification under the Crimes Act 1914 (Cth) is not a sentence or part of a sentence; it is a hypothetical statement with no legal effect at the time of pronouncement. Accordingly, a failure to make a s 16AC specification (including a failure to specify a hypothetical non-parole period) is not an 'error in the sentence' for the purposes of s 281 of the Criminal Procedure Act 2009 (Vic) and cannot ground an appeal. The s 16AC figure cannot be used as a starting point to contend that the actual sentence is manifestly excessive. Sentencing judges should keep s 16AC specifications and s 6AAA declarations separate rather than combining them.
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