On a Crown appeal against the non-parole period only, the Court must assess the non-parole period in isolation from any disproportionality with the head sentence; disproportionality between head sentence and non-parole period reveals structural error but does not necessarily establish that the error lies in the non-parole period. To establish manifest inadequacy of the non-parole period by reference to disproportionality, it must first be accepted that the head sentence is correct. The question whether s 290(1) of the Criminal Procedure Act 2009 (Vic) permits the Court to reduce a head sentence on an appeal confined to the non-parole period remains open.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.