Statutory murder under s 3A of the Crimes Act 1958 (Vic) is not inherently less serious than common law murder, and sentencing standards for statutory murder must be increased to reflect this. The offender's intent in committing the act causing death is relevant to sentencing for statutory murder, and sentencing courts should investigate that question where the evidence supports an inference of murderous intent. The prevailing practice of full concurrency between the foundational offence and the statutory murder sentence should also change. However, a Crown appeal against sentence will be constrained by the manner in which the prosecutor conducted the plea at first instance.
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