Crimes Amendment (Manslaughter and Related Offences) Act 2020 (Vic)
Crimes Amendment (Manslaughter and Related Offences) Act 2020
No. 16 of 2020
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Crimes Act 1958
3Punishment of manslaughter
4Child homicide
5New sections 5B and 5C inserted
6Provision for trial for murder or manslaughter in Victoria where death or cause of death only happens in Victoria
7Alternative verdicts on charge of murder
8Schedule 9 amended
9New section 637 inserted
Part 3—Amendment of other Acts
Division 1—Amendment of Bail Act 1977
10Schedule 2 amended
Division 2—Amendment of Children, Youth and Families Act 2005
11Definitions
12Procedure for indictable offences that may be heard and determined summarily
13Jurisdiction of Criminal Division
14Joint committal proceedings
Division 3—Amendment of Corrections Act 1986
15Definitions
16Statute law revision
Division 4—Amendment of Criminal Procedure Act 2009
17Definitions
18Category A and Category B serious youth offences—transfer
19Determination of application where fresh and compelling evidence
Division 5—Amendment of Magistrates' Court Act 1989
20Extent of jurisdiction
Division 6—Amendment of Occupational Health and Safety Act 2004
21Workplace manslaughter
22New Division 3 of Part 15 inserted
Division 7—Amendment of Sentencing Act 1991
23Definitions—Part 1
24Definitions—Part 4, Division 4
25Schedule 1 amended
Division 8—Amendment of Serious Offenders Act 2018
26Schedule 2 amended
Part 4—Repeal of this Act
27Repeal of this Act
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Endnotes
1 General information
Crimes Amendment (Manslaughter and Related Offences) Act 2020
No. 16 of 2020
[Assented to 10 June 2020]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to amend the Crimes Act 1958—
(i)to create a new offence of homicide by firearm; and
(ii)to clarify the relationship between the offences of manslaughter, child homicide and homicide by firearm; and
(iii)to increase the maximum penalties for the offences of manslaughter and child homicide; and
(b)to make consequential and related amendments to the following Acts—
(i)the Bail Act 1977;
(ii)the Children, Youth and Families Act 2005;
(iii)the Corrections Act 1986;
(iv)the Criminal Procedure Act 2009;
(v)the Magistrates' Court Act 1989;
(vi)the Occupational Health and Safety Act 2004;
(vii)the Sentencing Act 1991;
(viii)the Serious Offenders Act 2018.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 July 2020, it comes into operation on that day.
Part 2—Amendment of Crimes Act 1958
3Punishment of manslaughter
In section 5 of the Crimes Act 1958, for "level 3 imprisonment (20 years maximum)" substitute "level 2 imprisonment (25 years maximum)".
4Child homicide
(1)In section 5A of the Crimes Act 1958, for "that, but for this section, would constitute manslaughter is guilty of child homicide, and not of manslaughter," substitute "that constitute manslaughter is guilty of child homicide".
(2)In section 5A of the Crimes Act 1958, for "level 3 imprisonment (20 years maximum)" substitute "level 2 imprisonment (25 years maximum)".
5New sections 5B and 5C inserted
After section 5A of the Crimes Act 1958 insert—
"5B Homicide by firearm
(1)A person who, by discharging a firearm, causes the death of another person in circumstances that constitute manslaughter is guilty of homicide by firearm and liable to level 2 imprisonment (25 years maximum).
(2)The standard sentence for homicide by firearm is 13 years.
(3)In this section—
discharge has the same meaning as in section 31C(4);
firearm has the same meaning as in the Firearms Act 1996.
Notes
1 See sections 5A and 5B of the Sentencing Act 1991 as to standard sentences.
2 Homicide by firearm is a category 2 offence under the Sentencing Act 1991. See section 5(2H) of that Act for the requirement to impose a custodial order unless the circumstances set out in paragraphs (a) to (e) of that section exist.
5CRelationship between manslaughter, child homicide and homicide by firearm
Nothing in section 5A or 5B is to be taken to provide that conduct that constitutes any one of the following offences is, because it constitutes that offence, incapable of constituting another of those offences—
(a)manslaughter;
(b)child homicide;
(c)homicide by firearm.".
6Provision for trial for murder or manslaughter in Victoria where death or cause of death only happens in Victoria
In section 9 of the Crimes Act 1958—
(a)after "child homicide" (where first occurring) insert "or of homicide by firearm";
(b)after "child homicide" (where secondly occurring) insert "or homicide by firearm".
7Alternative verdicts on charge of murder
After section 421(1)(ab) of the Crimes Act 1958 insert—
"(ac)homicide by firearm;".
8Schedule 9 amended
After item 1 in Schedule 9 to the Crimes Act 1958 insert—
"1AHomicide by firearm.".
9New section 637 inserted
At the end of Part 7 of the Crimes Act 1958 insert—
"637 Transitional provision—Crimes Amendment (Manslaughter and Related Offences) Act 2020
(1)In this section—
amending Act means the Crimes Amendment (Manslaughter and Related Offences) Act 2020.
(2)Section 5 as amended by section 3 of the amending Act applies to offences alleged to have been committed on or after the commencement of section 3 of that Act.
(3)For the purposes of subsection (2), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 3 of the amending Act, the offence is alleged to have been committed before that commencement.
(4)Section 5A as amended by section 4(2) of the amending Act applies to offences alleged to have been committed on or after the commencement of section 4(2) of that Act.
(5)For the purposes of subsection (4), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 4(2) of the amending Act, the offence is alleged to have been committed before that commencement.
(6)Section 5B as inserted by section 5 of the amending Act applies to an offence alleged to have been committed on or after the commencement of that section.
(7)For the purposes of subsection (6), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 5 of the amending Act, the offence is alleged to have been committed before that commencement.".
Part 3—Amendment of other Acts
Division 1—Amendment of Bail Act 1977
10Schedule 2 amended
After item 3 of Schedule 2 to the Bail Act 1977 insert—
"3A.Homicide by firearm.".
Division 2—Amendment of Children, Youth and Families Act 2005
11Definitions
In section 3(1) of the Children, Youth and Families Act 2005, in the definition of Category A serious youth offence, after paragraph (d) insert—
"(da)homicide by firearm;".
12Procedure for indictable offences that may be heard and determined summarily
In section 356(1), (2)(a), (3), (4), and (6) of the Children, Youth and Families Act 2005, after "child homicide," insert "homicide by firearm,".
13Jurisdiction of Criminal Division
In section 516(1)(b) of the Children, Youth and Families Act 2005, after "child homicide," insert "homicide by firearm,".
14Joint committal proceedings
In section 516A(1)(b)(ii) of the Children, Youth and Families Act 2005, after "child homicide," insert "homicide by firearm,".
Division 3—Amendment of Corrections Act 1986
15Definitions
In section 3(1) of the Corrections Act 1986, in the definition of serious violent offence, after paragraph (ac) insert—
"(aca)homicide by firearm;".
16Statute law revision
(1)In section 104ZX of the Corrections Act 1986, in the definition of relevant person, for "Schedule 5;" substitute "Schedule 5.".
(2)In section 130(1)(a)(ii) of the Corrections Act 1986, for "2009." substitute "2009; and".
Division 4—Amendment of Criminal Procedure Act 2009
17Definitions
In section 3 of the Criminal Procedure Act 2009, in the definition of Category A serious youth offence, after paragraph (d) insert—
"(da)homicide by firearm;".
18Category A and Category B serious youth offences—transfer
In section 168A(1)(a) of the Criminal Procedure Act 2009, after "child homicide," insert "homicide by firearm,".
19Determination of application where fresh and compelling evidence
After section 327M(2)(g) of the Criminal Procedure Act 2009 insert—
"(ga)homicide by firearm (section 5B of the Crimes Act 1958);".
Division 5—Amendment of Magistrates' Court Act 1989
20Extent of jurisdiction
In section 25(3)(b)(ii) of the Magistrates' Court Act 1989, after "child homicide," insert "homicide by firearm,".
Division 6—Amendment of Occupational Health and Safety Act 2004
21Workplace manslaughter
(1)In the penalty at the foot of section 39G(1) of the Occupational Health and Safety Act 2004, for "20 years" substitute "25 years".
(2)In the penalty at the foot of section 39G(2) of the Occupational Health and Safety Act 2004, for "20 years" substitute "25 years".
22New Division 3 of Part 15 inserted
After Division 2 of Part 15 of the Occupational Health and Safety Act 2004 insert—
"Division 3—Crimes Amendment (Manslaughter and Related Offences) Act 2020
188Amendment of section 39G (Workplace manslaughter)
(1)Section 39G as amended by section 21 of the Crimes Amendment (Manslaughter and Related Offences) Act 2020 applies to offences alleged to have been committed on or after the commencement of section 21 of that Act.
(2)For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 21 of the Crimes Amendment (Manslaughter and Related Offences) Act 2020, the offence is alleged to have been committed before that commencement.".
Division 7—Amendment of Sentencing Act 1991
23Definitions—Part 1
In section 3(1) of the Sentencing Act 1991—
(a)in the definition of Category A serious youth offence, after paragraph (d) insert—
"(da)homicide by firearm;";
(b)in the definition of category 2 offence, after paragraph (b) insert—
"(ba)an offence against section 5B of the Crimes Act 1958 (homicide by firearm);";
(c)in the definition of serious offence, after paragraph (baa) insert—
"(bb)homicide by firearm; or".
24Definitions—Part 4, Division 4
In section 89DC of the Sentencing Act 1991, in the definition of relevant offence, after paragraph (b) insert—
"(ba)homicide by firearm;".
25Schedule 1 amended
In Schedule 1 to the Sentencing Act 1991, in clause 2, after paragraph (baa) insert—
"(bb)homicide by firearm;".
Division 8—Amendment of Serious Offenders Act 2018
26Schedule 2 amended
In Schedule 2 to the Serious Offenders Act 2018, in item 3, after paragraph (a) insert—
"(ab)section 5B (homicide by firearm);".
Part 4—Repeal of this Act
27Repeal of this Act
This Act is repealed on 1 July 2021.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 6 February 2020
Legislative Council: 5 March 2020
The long title for the Bill for this Act was "A Bill for an Act to amend the Crimes Act 1958 to create a new offence of homicide by firearm, to clarify the relationship between certain offences and to increase the maximum penalties for certain offences, to consequentially amend that Act and to make consequential and related amendments to certain other Acts and for other purposes."
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