Veen v The Queen (No 2)

The High Court of Australia considered the appeal of Veen against his conviction for manslaughter. The central issue before the Court was the appropriate principles to be applied in sentencing for manslaughter, particularly in light of the offender's history of violent offending and the need to protect the community.

The Court was required to determine whether the protection of the community from dangerous offenders could justify a sentence that might otherwise be considered excessive, and the extent to which an offender's criminal history, especially a history of violence, was relevant to sentencing in such circumstances. The question also touched upon the concept of preventive detention in the context of sentencing for manslaughter.

The High Court affirmed that the primary purpose of sentencing is punishment, but that the protection of the community is also a legitimate and important consideration. The Court held that where an offender poses a significant danger to the community, this danger can be taken into account in determining the appropriate sentence, even if it leads to a longer period of imprisonment than might otherwise be imposed for the offence itself. The Court emphasised that an offender's past criminal history, particularly a history of violent behaviour, is highly relevant to assessing the risk posed to the community and therefore to the sentencing determination. The principles of proportionality and retribution remain central, but must be balanced with the need for public protection.

The appeal was dismissed.