When sentencing for offences committed in the distant past where the statutory maximum penalty has not changed, the court should have regard to the sentencing pattern prevailing at the time of the offence rather than current (potentially harsher) sentencing practices. However, where no acceptable statistical material establishes past sentencing patterns, the court should approach the task by reference to the nature of the criminal conduct and the maximum penalty applicable at the time, which effectively sentences in accordance with the legislative policy then current. The majority (Spigelman CJ, Grove J, Sully J, Newman AJ) and the dissent (Mason P) disagreed on the principle but agreed on the practical outcome in this case.
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