The concept of exceptional circumstances under s 16(3B) of the Sentencing Act 1991 (Vic) is a relative and protean conception; psychiatric or other disability that constitutes exceptional circumstances in one case will not necessarily do so in another, particularly where the offender has an extensive criminal history, dim prospects of rehabilitation and has previously failed on community-based orders. A non-parole period of approximately 70% of the head sentence, while stern, may be justified where the offender presents a considerable danger to the community.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
2 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.