'Current sentencing practices' in s 5(2)(b) of the Sentencing Act 1991 (Vic) means practices at the date of sentence, not at the date of the offence. However, the principle of equal justice may require regard to sentencing practices at the time of offending if those practices can be demonstrated to have required materially lesser sanctions. Where no satisfactory evidence of a different sentencing range at the time of offending exists beyond the lower maximum penalty, the sentencing judge discharges the obligation by having regard to the lower maximum. Current community attitudes to the type of offending are relevant to multiple factors under s 5(2) and to the imposition of a just sentence under s 5(1).
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