I think there is always going to be a temptation by prosecutors to try to find clever ways to hold extremely serious sentences over an accused's head and prosecute them, obviously within reason, but with any plausible threat of an exceptional sentence they can muster. So I don't know. I think there will be an incentive to impose it. Is it going to be mostly in cases where we're talking about these really egregious and heinous crimes where everybody expects these people are never going to get out of jail? My concern is that it's not just going to be in those cases. Those cases are so extremely rare anyway. I think it has the potential of being held over the head of people who are less culpable than those we usually associate with these three offences, because there's going to be an option and creative prosecutors will, obviously within reason, look for ways to find cases where this sort of exceptional exemplary sentence can be at least charged if not fully prosecuted.
On February 23rd, 2015. See this statement in context.