Destructuring sentencing decision-making in Victoria

Abstract

One of the most problematic aspects of sentencing is the construction of a methodology through which the sentencer arrives at the final sentence. In the recent decision of R v Young Dickensen and West, the Victorian Court of Criminal Appeal rejected a structured two-stage method to sentencing, preferring instead the traditional “instinctive synthesis” approach. Contemporaneously, the Victorian Government is developing legislation to provide a more rigorous sentencing methodology to guide the courts. This article explores a number of tensions arising from competing models of sentencing decision-making and the political processes within which resolutions must be found.