Mandatory & Presumptive Sentencing Part 1: Background & Current State of Law

Date uploaded:
31 Mar 2021

Over the past decade, there has been a radical shift in sentencing law in the State of Victoria. In short, through successive legislative reforms introduced by both Coalition and Labour Governments, a model of presumptive and then mandatory sentencing was introduced, expanded and entrenched with regard to a broad range of offences. Despite the strong opposition from organisations such as the Law Council of Australia, the Law Institute of Victoria, the Criminal Bar Association, and Liberty Victoria, these reforms have attracted bipartisan support, and the transformation of the system of criminal justice in Victoria has been profound.

This presentation – the first in two parts by Michael Stanton and Jonathan Barreiro – will consider the background and current state of the law with regard to presumptive and mandatory sentencing in Victoria. It will assist practitioners to understand how the reforms have been introduced and entrenched, and how exceptions have been made more difficult to satisfy.