The indefinite sentence sanction introduced in 1993 by the Sentencing (Amendment) Act 1993 presents a modification to the standard sentence of imprisonment for application in a very narrow band of cases. This limitation is partly a product of the restricted classes of offences in respect of which an indefinite sentence may be passed, but more significantly, it is a product of the limits placed on when the discretion is properly enlivened.
This sanction is wholly the creature of statute.
Sentencing Act 1991 s18A(1) provides:
If a person (other than a young person) is convicted by the Supreme Court or the County Court of a serious offence, the court may sentence him or her to an indefinite term of imprisonment.
The Victorian indefinite sentence scheme has been upheld as a valid exercise of the legislative power of the Parliament of Victoria: Moffatt  2 VR 229.
Last updated: 19 April 2011