VLA's response to Rapke's global challenge

The Sentencing Act 1991 specifies a number of factors a court must have regard to when sentencing for an offence, the first three of which are:

(a)  the maximum penalty prescribed for the offence; and
(b)  current sentencing practices; and
(c)  the nature and gravity of the offence; and

In several cases through 2008 - 2010, the Court of Appeal has expressed concern about the adequate of current sentencing practices, in light of the prescribed maximum penalty for the offence. The Court has consistently stated that, in the interests of procedural fairness, the Court cannot hear arguments about the adequacy of sentencing practices for the first time on an appeal.