The High Court has allowed an appeal against a decision of the Victorian Court of Appeal on ‘ranges’ of sentences and the evaluation of current sentencing practice. The respondent plead guilty to four charges of incest and was cumulatively sentenced  to five years and six months imprisonment. The sentence for charge one, which related to committing incest and impregnating his 13-year old stepdaughter, whose pregnancy was subsequently terminated, was three years and sixth months. The DPP appealed against both the sentence for charge one and the cumulative total imposed, contending that both were manifestly inadequate. While the VSCA noted that the sentence on charge one could be seen as lenient, and that the range was so low that it revealed an error in principle as being not proportionate to the objective seriousness of the offence or moral culpability of the offender here, the Court ultimately held that in light of what were the then current sentencing practices, it was within the range open to the sentencing judge, and that the Court of Appeal was constrained by those sentencing practices to dismiss the appeal.

The High Court unanimously allowed the appeal. The joint judges (Kiefel CJ, Bell and Keane JJ) held that the VSCA erred in treating a range of sentences established by current sentencing practice as decisive of the appeal (at [2]). After noting the sentencing Continue reading →