Section 5(2H) of the Sentencing Act 1991 (Vic), requiring imprisonment for category 2 offences unless substantial and compelling circumstances exist, does not create a baseline or minimum sentence of 12 months' imprisonment. The provision determines the type of sentence (imprisonment) but not its length. The COVID-19 pandemic may be relevant to sentencing in individual cases, but the Court of Appeal declined to express a general principle, noting the rapidly evolving situation and absence of adequate material concerning the impact on the corrections system.
The full text is available to signed-in members, including the 87 later cases that cite this judgment.
20 of the 87 citing cases carry a classified treatment. How each court treated it is available to signed-in members.