Stefani v The King

[2023] VSCA 183

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Sentence
4. › Non-parole period
5. › Ratio of non-parole period to head sentence
6. › Whether non-parole period of 80 per cent of head sentence reasonably open
7. › Whether reasons required for exceeding usual range
8. › Sentencing Act 1991 (Vic)
1. Criminal Law
2. › Sentencing
3. › Non-parole period
4. › Usual range of 60 to 75 per cent of head sentence
5. › Relevance of usual range where head sentence 10 years or more
6. › Obligation to give reasons for high ratio

Quick Take

A non-parole period of 80% of the head sentence invites appellate scrutiny where no reasons are given, even where the head sentence is 10 years or more. The 'usual' range of 60-75% does not cease to be of any relevance for sentences of 10 years or more, notwithstanding that it ceases to be of 'much guidance'. The observation in Kumova that an 80% non-parole period would have been 'unremarkable' is confined to the particular circumstances of that case.