Where a sentencing judge erroneously states the maximum penalty for one charge but the total effective sentence and cumulation on other charges are within range, s 280(1)(b) of the Criminal Procedure Act 2009 (Vic) will preclude leave to appeal even though the error could have materially affected the individual sentence. Evidence of delayed medical treatment in custody will not constitute admissible fresh evidence where the sentencing judge made no assumption about the timing of treatment and the medical process followed was as described in evidence at the plea.
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