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New guidance on standard sentences

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 [2019] 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.