The new Victorian Sentencing Manual has been updated to include the recent Court of Appeal decision interpreting the Victorian standard sentence scheme.
In Brown v The Queen  VSCA 286 the Court explained how courts take the 'standard sentence' into account when sentencing for a standard sentence offence.
The standard sentence:
- Is a legislative guidepost, as is the maximum penalty
- Does not affect the instinctive synthesis
- Does not permit ‘two-stage sentencing’
- Does not require the court to identify the objective seriousness of the present case for the purpose of comparing the present case to the standard sentence
- Does not otherwise affect the matters a court may or must consider when sentencing
- Does require the court to explain how the present sentence relates to the standard sentence
The Supreme Court has also produced a Case Summary of Brown v The Queen.