'Exceptional circumstances' for sentencing purposes (including under s 31(5A) of the Sentencing Act 1991 (Vic)) are not limited to circumstances 'beyond reasonable expectation or contemplation', as Nettle JA acknowledged his formulation in R v Steggall went too far. The exercise of mercy in sentencing may properly be confined to the non-parole period rather than the head sentence where the principles of deterrence and denunciation require a head sentence reflecting the gravity of the offending.
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