My second question is on the judicial discretion. My understanding is that subclause 42(4) basically allows judicial discretion. The judge—he or she—could impose a sentence for the offence of which the offender has been convicted only, so in fact being a dangerous offender would make no difference. The third offence would get the same level of sentence. Does that not leave the discretion with the judge, and therefore make it “charter fine” because he can make a proportionate sentence?
