A total effective sentence of 6 years and 6 months' imprisonment for incest offences involving force and punitive motivation is within the range of current sentencing practice in Victoria. The use of force in incest cases does not, on the evidence of current sentencing practice, consistently attract a distinctly higher sentencing band. The Crown cannot succeed on a Director's appeal by advancing an argument about sentencing range that was not put to the sentencing judge on the plea. The question whether sentences for incest involving force should be increased above current levels was left open.
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