this product is unavailable for purchase using a firm account, please log in with a personal account to make this purchase.

Select from any of the filters or enter a search term

Baseline sentencing legislation should be repealed

Baseline sentencing legislation should be repealed

By Steven Sapountsis

Advocacy Criminal Procedure Punishment Sentencing 


Victoria’s baseline sentencing legislation should be repealed and any moves towards mandatory sentencing rejected, according to the Law Institute of Victoria.

In its submission to the Sentencing Advisory Council review of baseline sentencing, the LIV argued that any issues of public confidence in the criminal justice system are best remedied through education rather than mandatory sentencing.

The submission said there was no clear evidence of inconsistency of approach in sentencing offenders.

The LIV supports the traditional approach to sentencing of taking each case on its merits, rather than taking a grid or matrix approach to sentences.

The LIV submitted that judges who hear all the evidence and are legally trained are best placed to impose sentences. The institute opposes jury involvement in the sentencing process.

The Court of Appeal found on 17 November 2015 that baseline sentencing was “incapable of being given any practical operation” and that the defect in the legislation was “incurable”.

Attorney General Martin Pakula has asked the Sentencing Advisory Council for advice.

The LIV submission opposed the introduction of a standard non parole period or other mandatory sentencing options.

The introduction of any of these sentencing schemes would likely result in greater complexity and less transparency in sentencing; delays in delivering sentences; no increase in public confidence in sentencing; overcharging by police; greater difficulty in securing bail for defendants; increases in not guilty pleas; additional work for the OPP; a prioritising of consistency over justice; higher court costs; more errors in sentencing; and increased prison and correction costs.

The submission is available at

For further information regarding this media release please contact:
Kerry O'Shea, General Manager, Public Affairs & Legal Policy

T: 03 9607 9373


Views expressed on (Website) are not necessarily endorsed by the Law Institute of Victoria Ltd (LIV).

The information, including statements, opinions, documents and materials contained on the Website (Website Content) is for general information purposes only. The Website Content does not take into account your specific needs, objectives or circumstances, and it is not legal advice or services. Any reliance you place on the Website Content is at your own risk.

To the maximum extent permitted by law, the LIV excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with the Website Content and the use or performance of the Website except to the extent that the loss or damage is directly caused by the LIV’s fraud or wilful misconduct.

Be the first to comment