In the case of the discretionary sentence there is always a notional equivalent determinate sentence which could be imposed in accord with established sentencing practice but for the current mental state of the defendant which makes him a danger to the public.

In the 1960's and 70's, New York experimented both with diversion of drug offenders to treatment on a large scale and with discretionary sentences.

A tazir crime is a crime in Sharia law that receives a discretionary sentence by a judge.

However, for all but the most serious cases the crime is punished through the tazir code and the judge gives a discretionary sentence.

Life imprisonment is available to judges as a discretionary sentence for offences of manslaughter, rape and robbery.

There were several outcries over Aborigines receiving mandatory death sentences for murder, leading to the passage of the Crimes Ordinance 1934 which allowed for discretionary sentences when both the accused and the victim were Aboriginal.

A later example can be found in the proposal to substitute discretionary sentences (including life imprisonment) for the mandatory life sentence in cases of murder.

The study calculates that spending $1 million on long mandatory sentences reduces cocaine consumption nationwide by less than 29 pounds a year, while spending it on discretionary sentences would have twice the impact.

Murder carries a mandatory sentence of life imprisonment, except in relation to offenders under the age of 18 at the time of the murder, who are subject to a discretionary sentence.