Protecting Dangerous Offenders from the Community:

Abstract

In 1993 and 1997 the Victorian government introduced changes to the Sentencing Act 1991 (Vic) enabling sentencers to impose longer than proportionate sentences for serious offenders in the name of protection of the community. Many commentators predicted that these provisions signalled the demise of proportionality in sentencing for those offenders. However, although incapacitation policies are popular with politicians and the public, it appears that the judiciary have not embraced these provisions. This article examines the way in which the serious offender provisions have been applied in the County and Supreme Courts of Victoria in order to determine whether there is a difference between the Government’s intentions in introducing the legislation and the outcomes.