High Court of Australia

Director of Public Prosecutions v Dalgliesh (a pseudonym) [2017] HCA 41

11 Oct 2017

Case Number: M1/2017

Before

Kiefel CJ, Bell, Gageler, Keane, Gordon JJ

Catchwords

Criminal law – Sentencing – Current sentencing practices – Incest – Crown appeal on ground of manifest inadequacy – Where s 5(2) of Sentencing Act 1991 (Vic) provided that in sentencing an offender a court must have regard to current sentencing practices – Where Court of Appeal held that sentence not wholly outside permissible range reflected in current sentencing practices – Where Court of Appeal held that current sentencing so low as to reveal error in principle – Whether latter conclusion required appellate intervention to correct error reflected in sentence the subject of appeal.

Words and phrases – "comparable cases", "current sentencing practices", "manifest inadequacy", "maximum penalty", "reasonable consistency".

Sentencing Act 1991 (Vic) – s 5(2).
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