Sentencing Amendment (Emergency Workers) Act 2014 (Vic)

Sentencing Amendment (Emergency Workers) Act 2014

No. 69 of 2014

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Minimum Sentences for Violent Offences against Emergency Workers

Division 1—Sentencing Act 1991 amendments

3Custodial sentence must be imposed for gross violence
offences

4New section 10AA inserted

10AACustodial sentence for certain offences against emergency workers on duty

5Special reasons relevant to sentencing

6New section 154 inserted

154Transitional provisions—Sentencing Amendment (Emergency Workers) Act 2014—general

7Clarification of reference

Division 2—Crimes Act 1958 amendments

8Legislative notes

Division 3—Children, Youth and Families Act 2005 amendments

9Release on parole from youth justice centre

10Transfer to prison

Part 3—Baseline Sentence for Murder of Emergency Worker on Duty

11Baseline sentence for murder of emergency worker on duty

12New section 623 inserted

623Transitional provision—Sentencing Amendment (Emergency Workers) Act 2014

Part 4—Assault Offences against Emergency Workers on Duty

13Assaults

14New section 51 substituted

51Assaulting, etc. emergency workers or local authority staff on duty

15Besetting premises

Part 5—Community Correction Orders

16Sentencing guidelines

17Purpose of community correction order

18Imprisonment and a community correction order

19Schedule 1—Serious offender offences

Part 6—Repeal of Amending Act

20Repeal of amending Act

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Endnotes

Sentencing Amendment (Emergency Workers) Act 2014

No. 69 of 2014

[Assented to 23 September 2014]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Sentencing Act 1991 and the Crimes Act 1958 to provide a custodial sentence for certain violent offences committed against emergency workers; and

(b)to amend the Crimes Act 1958 to fix a baseline sentence for murder of an emergency worker; and

(c)to amend the Crimes Act 1958 and the Summary Offences Act 1966 to expand certain existing assault offences to include emergency workers; and

(d)to amend the Sentencing Act 1991 in relation to community correction orders and to expand the list of arson offences in Schedule 1; and

(e)to amend the Children, Youth and Families Act 2005 in relation to the release on parole of persons in respect of whom a youth justice centre order has been made in accordance with section 10AA(2) of the Sentencing Act 1991.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision referred to in subsection (1) does not come into operation before 1 July 2015, it comes into operation on that day.

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Part 2—Minimum Sentences for Violent Offences against Emergency Workers

Division 1—Sentencing Act 1991 amendments

3Custodial sentence must be imposed for gross violence offences

In section 10(2) of the Sentencing Act 1991, before paragraph (a) insert—

"(aa)an offender to the sentencing of whom section 10AA(1) applies; or".

4New section 10AA inserted

After section 10 of the Sentencing Act 1991 insert—

"10AA   Custodial sentence for certain offences against emergency workers on duty

(1)Subject to subsection (2), in sentencing an offender (whether on appeal or otherwise) for an offence against a section of the Crimes Act 1958 specified in column 1 of…