A sentencing judge errs by having regard to the sentencing tariff for conspiracy to murder or attempted murder when sentencing for incitement to murder, as these are different offences attracting different sentencing ranges. The established sentencing range for incitement to murder in Victoria (head sentences of 5.5 to 8 years as at 2010) should not be exceeded by reference to the higher tariff for conspiracy to murder. Long-standing family discord and its precipitating circumstances may be given weight in mitigation beyond merely explaining the ease with which the decision to offend was reached.
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