Section 5(2) of the Sentencing Act 1991 (Vic) requires a sentencing judge to 'have regard to' current sentencing practices but does not require that those practices influence the ultimate sentence. A sentencing judge may limit the plea discount where the offender recanted an earlier admission and contested committal proceedings before offering a late plea to a lesser charge. A sentence of eight years and six months' imprisonment for manslaughter by criminal negligence involving a motor vehicle fatality was stern but within range.
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