The 'substantial and compelling circumstances that are exceptional and rare' exception in s 10A(2)(e) of the Sentencing Act 1991 (Vic) is practically impossible to satisfy where the circumstances relied upon — youth, immaturity, mental ill-health, substance abuse, vulnerability in custody — are commonly encountered in the criminal justice system, even where they are individually compelling and cumulatively powerful. The express prohibition on considering prospects of rehabilitation under s 10A(2B)(c)(iii) prevents the court from giving weight to what would ordinarily be a critical sentencing consideration for young offenders. The Court of Appeal has again called for legislative review of these provisions.
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