Mandatory and presumptive sentencing PART 2: Establishing special reasons and standard sentences
Establishing the existence of ’special reasons’ is necessary in order to avoid the operation of the presumptive sentencing provisions concerning category 1 and category 2 offences, as well as those provisions that mandate minimum non-parole periods for certain offences.
Marcus Dempsey outlines the relevant legislative tests before discussing, from a practical perspective, what is required to satisfy them.
One of the stated aims of the standard sentence scheme is to increase the length of sentences that are imposed for relevant offences.
Tim Bourbon outlines the background to the enactment of the scheme, as well as the relevant legislative provisions, before discussing a number of Court of Appeal decisions in which those provisions have been considered, most notably Brown and The Queen (2019) 59 VR 462.
