The Victorian Sentencing Manual has been updated to include recent Court of Appeal decisions, including Bergman (a pseudonym) v The Queen and Harvey v The Queen.
Disadvantage and sentencing
In Bergman the Court of Appeal found that a disadvantaged upbringing of the type recognised in Bugmy may (as with youth) elevate the importance of rehabilitation, and so of the need to avoid or minimise incarceration, as a sentencing consideration in order to end a cycle of offending that is of ‘great detriment to the community and of the applicant…’.
Gravity of offending
In Harvey the Court said that the gravity of false imprisonment may be increased where the offender knew a further serious assault would follow and where restraining the victim before departing the premises facilitated that subsequent attack.