Crown prosecutors in Victoria are expected to make submissions on sentencing range when requested by the court or where there is a significant risk of error as to the applicable range. Such submissions must identify the limits of the range (using indicative figures) but must not urge a specific sentence or convey any implication that rejection might trigger a Crown appeal. The submission must reflect the position of the Crown, not the view of an individual prosecutor. Sentencing statistics and comparable cases should be provided as the evidentiary foundation for range submissions. Buchanan and Kellam JJA disagreed that numerical range submissions are useful, preferring that counsel provide sentencing statistics and comparable cases as raw material for the judge's instinctive synthesis.
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