Re: A real shame.
Not likely. This is Napoleonic law we are talking about here. Creative sentencing as practiced by some judges in common law countries is not on the books (pun intended). The criminal code specifies exactly what the offence is, exactly what the minimum and maximum terms are and the accompanying rulebook specifies exactly how you move from the lower to the upper sentencing bound.
Though that difference is now being blurred. Various acts of Parliament (or Congress in the USA) which instigate mandatory sentencing guidelines have removed the traditional common law judge discretion. They are eroding the key (if not only) value of common law - the ability of the judge to say "this is an idiocy, I am establishing a precedent and I will judge it as follows". So as an end result we get the worst of both worlds - the strict rulebook of the Napoleonic law and the natural bias to serve the "powers that be" of common law in one nice shrink wrap package.