Victoria's top prosecutor has lodged an appeal against the first sentence handed down under the state's new baseline sentencing regime, a jail term imposed on a man who sexually abused his own daughter.
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The decision of the Director of Public Prosecutions, John Champion, SC, to claim the minimum four-year jail term imposed by Supreme Court Justice Lex Lasry was "manifestly inadequate", comes three weeks after the state opposition called for a review of the tough-on-crime sentencing legislation.
Justice Lasry in July sentenced the man to spend six years and eight months in jail, and four years before he is eligible for parole, after he pleaded guilty to four counts of incest.
The man's abuse of his daughter spanned two years. The Office of Public Prosecutions said on Friday that Mr Champion had lodged an appeal against the sentence on the grounds "that the total effective sentence and non-parole period was manifestly inadequate".
The state Coalition this month called for a review of the legislation, which it introduced when in power last year, and is claiming it is not operating as it was intended.
When introduced last year under then attorney-general Robert Clark, the legislation was designed to bring sentences for seven of the most serious crimes closer to their maximum, which in the case of incest is 25 years.
In sentencing the man, Justice Lasry noted the "unusual set of provisions" and attached more than 15 pages of notes detailing how the sentence had been calculated.
Justice Lasry found the man's offending should fall below the 10-year median for incest under the new legislation, at least 60 per cent of which must be served behind bars.
"Whether I think that is appropriate given your prospects of rehabilitation and your need for psychological intervention is of no consequence," he told the man.
