Sentencing and Other Acts (Amendment) Act 1997 (Vic)
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purpose 1 2. Commencement 3
PART 2—AMENDMENT OF SENTENCING ACT 1991 5
3. Principal Act 5 4. Definitions 5 5. Sentencing guidelines 6 6. New Part 2A inserted in Principal Act 6 PART 2A—SERIOUS OFFENDERS 7 6A. Application of Part 7 6B. Definitions for purposes of this Part 7 6C. Factors relevant to consideration of whether offender is a
serious offender 9 6D. Factors relevant to length of prison sentence 10 6E. Sentences to be served cumulatively 11 6F. Serious offender status to be noted on record 11
7. Amendments consequential on insertion of new Part 2A 11 8. Sentencing orders 12 9. New section 9 substituted 13 9. Aggregate sentence of imprisonment 13 10. Sentencing offenders who commit offences while on parole or bail 13 11. Time held in custody before sentencing 14 12. New Subdivision (1B) inserted in Division 2 of Part 3 15 Subdivision (1B)—Combined Custody and Treatment Orders 16 18Q. Combined custody and treatment order 16 18R. Core conditions 17 18S. Program conditions 18 18T. Offender may be fined as well 19 18U. Secretary may direct offender to report at another place 19
i
Section Page
18V. Suspension of combined custody and treatment order 19 18W. Breach of combined custody and treatment order 20
13. Breach of intensive correction order 22 14. Suspended sentences of imprisonment 25 15. Breach of order suspending sentence 27 16. Youth training centre orders 30 17. Youth residential centre orders 31 18. Gaol term combined with community-based order 32 19. Breach of community-based order 32 20. Release on adjournment 34 21. Breach of order for release on adjournment 35 22. Discharge as security patient 37 23. Pre-sentence reports 37 24. New Division 2A inserted in Part 6 37 Division 2A—Drug and Alcohol Reports 37 99A. Drug and alcohol assessment report 37 99B. Distribution of drug and alcohol assessment report 38 99C. Disputed drug and alcohol assessment report 38 99D. Drug and alcohol pre-release report 39 99E. Approved drug and alcohol assessment agencies 40 25. Consequential amendments 40 26. Correction of judgment or sentence 40 104A. Power to correct clerical mistakes, etc. 40 27. New penalty scale 42 28. Amendments consequential on new penalty scale 42 29. New section 109A inserted 44 109A. Operation of penalty provisions 44 30. Penalty provisions 45 31. New sections 113A to 113C inserted 45 113A. Maximum term of imprisonment for summary offence 45 113B. Maximum cumulative term of imprisonment imposable by
Magistrates' Court 45
113C. Maximum term of imprisonment where none prescribed 46
32. Minor amendments 46 33. New section 118 inserted 46 118. Transitional provisions (1997 amendments) 46 34. New Schedules substituted in Principal Act 48 SCHEDULE 1—Serious offender offences 48 SCHEDULE 2—Forms for use where other offences taken into
account in sentencing 56
PART 3—AMENDMENT OF DRUGS, POISONS AND
CONTROLLED SUBSTANCES ACT 1981 59
ii
Section Page
35. Principal Act 59 36. Amendment of section 4—definitions 59 37. Amendment of section 70—definitions 61 38. Increased penalty for trafficking to a child 63 39. Sections 71A and 71B inserted—new offences 63 71A. Possession of substance, material, documents or equipment
for trafficking in a drug of dependence 64 71B. Supply of drug of dependence to a child 64
40. Amendment of section 72 65 41. Expression of penalties in terms of levels 65 42. Amendment of sections 73 and 75 67 43. Drug education and information programs 67 44. Warrant to search premises 69 45. Amendment of Part 1 and 2 of Schedule Eleven 72 46. Substitution of Part 3 of Schedule Eleven 73 47. Consequential amendments 74
PART 4—AMENDMENT OF BAIL ACT 1977 75
48. Refusal of bail unless exceptional circumstances exist 75 49. New section 34 inserted 75 34. Transitional provisions 75 PART 5—AMENDMENT OF CHILDREN AND YOUNG
PERSONS ACT 1989 76
50. Jurisdiction of Criminal Division 76 51. Youth detention orders 76 52. Sentencing powers of Supreme Court or County Court 77 53. Transitional provisions 77
PART 6—AMENDMENT OF CRIMES ACT 1958 79
54. Aggravated burglary 79 55. New section 197A inserted 80 197A. Arson causing death 80 56. New Division 9A inserted in Part I 80 Division 9A—Penalties for Certain Common Law Offences 80 320. Maximum term of imprisonment for certain common law
offences 80
57. Certified statement of conviction 81 58. Alternative verdict on charge of arson causing death 82 59. Determination of appeals by Court of Appeal 82 60. Alteration of maximum penalties 83 61. Consequential amendment 83 62. Statute law revision 83
iii
Section Page
63. Transitional provisions 84
PART 7—AMENDMENT OF MAGISTRATES' COURT ACT 1989 85
64. Definition of "sentencing order" 85 65. Indictable offences triable summarily 85 66. Appeals 86
PART 8—AMENDMENT OF OTHER ACTS 88
67. Alcoholics and Drug-dependent Persons Act 1968 88 68. Prisoners (Interstate Transfer) Act 1983 88 69. Crimes (Confiscation of Profits) Act 1986 88 70. Prostitution Control Act 1994 89 71. Legal Practice Act 1996 90
__________________
SCHEDULE 1—Alteration of maximum penalties in Crimes Act 1958 91
═══════════════
NOTES 102
iv
Victoria
No. 48 of 1997
Sentencing and Other Acts
(Amendment) Act 1997†
[Assented to 11 June 1997]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The main purposes of this Act are—
(a) to amend the Sentencing Act 1991 so as to— (i) make fresh provision for the sentencing of serious drug offenders and serious arson offenders;
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 1
(ii) offences punishable by imprisonment
introduce a new penalty scale for term of imprisonment for summary offences;
(iii) provide for a new sentencing order contributed to the criminal behaviour;
(iv) improve the procedures for dealing with breaches of sentencing orders;
(v) extend the range of sentencing orders available to adult courts when dealing with young offenders;
(vi) generally improve the operation of the Act;
(b)
to amend the Drugs, Poisons and Controlled Substances Act 1981 so as to—
(i) specify new commercial quantities and certain drugs of dependence;
(ii) increase the penalty for trafficking in a drug of dependence to a child and make it a new offence for an adult to supply a drug of dependence to a child;
(iii) make it an offence to possess certain substances with intent to manufacture a drug of dependence for the purpose of trafficking;
(iv) make fresh provision for the destruction of drugs and other items in certain circumstances;
(v) amend the provisions relating to search warrants;
Sentencing and Other Acts (Amendment) Act 1997
| s. 2 | Act No. 48/1997 |
(c)
to amend the Bail Act 1977 to require a court to refuse bail to a person charged with trafficking in a commercial quantity of a drug of dependence unless exceptional circumstances exist;
(d)
to amend the Children and Young Persons Act 1989 so as to limit the jurisdiction of the Children's Court to hear and determine
offences of attempted murder, culpable
driving or arson causing death;(e) to amend the Crimes Act 1958 so as to—
(i) alter the maximum penalties for limit on the maximum term of imprisonment for certain common law offences;
(ii) create a new offence of arson causing death;
(iii) provide for new circumstances in which an offence of aggravated burglary may be committed;
(iv) enlarge the powers available to the Court of Appeal on an appeal against sentence.
2. Commencement
(1) This Part comes into operation on the day on which this Act receives the Royal Assent.
(2) Part 2 (except sections 4(a), 8(1), 8(2)(a), 9, 12,
Part 3 (except section 43), Parts 4 and 5, Part 6
(except section 59), Part 7 (except section 66(1)),13(2) to (4), 15, 19(2) and (3), 21, 23, 24 and 26), into operation on 1 September 1997.
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 2
(3) Subject to sub-section (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.(4) If a provision referred to in sub-section (3) does
not come into operation before 1 July 1998, it
comes into operation on that day.
_______________
Sentencing and Other Acts (Amendment) Act 1997
| s. 3 | Act No. 48/1997 |
PART 2—AMENDMENT OF SENTENCING ACT 1991
3. Principal Act
| No. 49/1991. | In this Part, the Sentencing Act 1991 is called the |
| Reprinted to | |
| No. 98/1995. | Principal Act. |
| Subsequently amended by Nos 22/1996, 45/1996 and 81/1996. |
4. Definitions
In section 3(1) of the Principal Act—
(a) after the definition of "chief psychiatrist" ' "combined custody and treatment
order" means an order made under 3 sentencing an offender to a term of imprisonment of not more than 12 months and specifying a part of the term to be served in the community;'.
(b) after the definition of "community service ' "detention", in relation to an order or
sentence of a court, means detention in
a youth training centre or youthresidential centre;';
(c) the definition of "young person" is repealed;
(d)
in the definition of "young offender" omit "aged 17 or more but is";
(e)
after the definition of "Youth Parole Board" insert—
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 5 ' "youth residential centre" has the same
meaning as in the Children and Young
Persons Act 1989;
"youth residential centre order" means an
order made under Subdivision (4) of detention of a young offender in a youth residential centre; "youth training centre" has the same
meaning as in the Children and Young
Persons Act 1989;
"youth training centre order" means an order made under Subdivision (4) of Division 2 of Part 3 directing the
detention of a young offender in a
youth training centre.'.
5. Sentencing guidelines1
In section 5 of the Principal Act, after sub-section
(2) insert—
"(2AA) Despite anything to the contrary in this Act,
in sentencing an offender a court must not
have regard to—
(a)
any possibility or likelihood that the length of time actually spent in custody by the offender will be affected by executive action of any kind; or
(b)
any sentencing practices arising at any time out of section 10 of this Act as in force at any time before its expiry.".
6. New Part 2A inserted in Principal Act
After Part 2 of the Principal Act insert—
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| s. 6 | Act No. 48/1997 |
'PART 2A—SERIOUS OFFENDERS
6A. Application of Part
This Part applies to a court in sentencing—
(a)
a serious sexual offender for a sexual offence or a violent offence;
(b)
a serious violent offender for a serious violent offence;
(c)
a serious drug offender for a drug offence;
(d)
a serious arson offender for an arson offence.
6B. Definitions for purposes of this Part
(1) In this Part—''arson offence" means an offence to which clause 5 of Schedule 1 applies;
"drug offence" means an offence to which clause 4 of Schedule 1 applies;
"serious violent offence" means an offence
to which clause 3 of Schedule 1
applies;
"sexual offence" means an offence to which clause 1 of Schedule 1 applies;
"violent offence" means an offence to which clause 2 of Schedule 1 applies.
(2) In this Part—
"serious arson offender" means an
offender (other than a young offender)
who has been convicted of an arson
offence for which he or she has been
sentenced to a term of imprisonment or
detention in a youth training centre;
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 6 "serious drug offender" means an offender
(other than a young offender) who has
been convicted of a drug offence for
which he or she has been sentenced to a
term of imprisonment or detention in a
youth training centre;
"serious sexual offender" means an
offender (other than a young
offender)—
(a) more sexual offences for each of
which he or she has been
sentenced to a term ofwho has been convicted of 2 or youth training centre; or
(b) one sexual offence and at least
who has been convicted of at least the one course of conduct for each of which he or she has been sentenced to a term of imprisonment or detention in a youth training centre;
"serious violent offender" means an
offender (other than a young offender)
who has been convicted of a serious
violent offence for which he or she has
been sentenced to a term of
imprisonment or detention in a youthtraining centre.
(3) In this Part—
"relevant offence", in relation to a serious offender, means—
(a)
an arson offence in the case of a serious arson offender;
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| s. 6 | Act No. 48/1997 |
(b)
a drug offence in the case of a serious drug offender;
(c)
a sexual offence or a violent offence in the case of a serious sexual offender;
(d)
a serious violent offence in the case of a serious violent offender;
"serious offender" means—
(a) serious arson offender; or (b) serious drug offender; or (c) serious sexual offender; or
(d) serious violent offender.
6C. Factors relevant to consideration of whether offender is a serious offender
(1) In considering whether an offender being
sentenced is a serious offender, a court must
have regard to a conviction or convictions
for a relevant offence irrespective of whether
recorded—
(a) in the current trial or hearing; or
(b) in another trial or hearing; or
(c) in different trials or hearings held at different times; or (d) in separate trials of different counts in the one presentment. (2) In sentencing an offender a court may only
treat a conviction for an offence as a
conviction for a relevant offence if it is
satisfied beyond reasonable doubt that it is.
(3) Despite sub-section (2), in sentencing an
offender a court must have regard to a
conviction for an offence against a law of the
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 6 Commonwealth or of a place outside Victoria (whether or not in Australia) and must treat it as a conviction for a relevant offence if it is satisfied beyond reasonable doubt that—
(a) arson offence, drug offence, serious
violent offence, sexual offence orthe offence is substantially similar to an and
(b) the offender was for that offence sentenced to a term of imprisonment or detention. (4) Section 395 of the Crimes Act 1958 applies for the purposes of sub-section (3) in relation to the proof of a previous conviction within
the meaning of that section.
6D. Factors relevant to length of prison
sentence
If under section 5 the Supreme Court or the County Court in sentencing a serious offender for a relevant offence considers that a sentence of imprisonment is justified, the Court, in determining the length of that sentence—
(a) community from the offender as the
must regard the protection of the sentence is imposed; and
(b)
may, in order to achieve that purpose, impose a sentence longer than that which is proportionate to the gravity of the offence considered in the light of its objective circumstances.
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6E. Sentences to be served cumulatively
Every term of imprisonment imposed by a court on a serious offender for a relevant offence must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term.
6F. Serious offender status to be noted on
record
(1) A court that sentences a serious offender for a relevant offence must, at the time of doing so, cause to be entered in the records of the court in respect of that offence the fact that the offender was sentenced for it as a serious
offender.
(2) Despite anything to the contrary in the
Evidence Act 1958 or the Crimes Act 1958, a statement of the fact that an offender was sentenced for a relevant offence as a serious offender may be included in a certificate issued under section 87(1) of the Evidence Act 1958 or in a certified statement of conviction issued under section 395 of the Crimes Act 1958.'.
7. Amendments consequential on insertion of new Part 2A
(1) In section 3(1) of the Principal Act, the definitions
of "serious sexual offender", "serious violent offence", "serious violent offender", "sexual offence" and "violent offence" are repealed.
(2) Section 3(2) of the Principal Act is repealed.
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 8 (3) Section 5A of the Principal Act is repealed.
(4) In section 16(1A) of the Principal Act, for
paragraph (c) substitute—
"(c) on a serious offender within the meaning ofPart 2A for a relevant offence within the meaning of that Part; or".
(5) Section 16(3A) of the Principal Act is repealed.
8. Sentencing orders
(1) In section 5 of the Principal Act, after sub-section
(4) insert—
"(4A) A court must not impose a combined custody
and treatment order unless it considers that
the purpose or purposes for which the
sentence is imposed cannot be achieved by
an intensive correction order.".
(2) In section 7 of the Principal Act—
(a)
after paragraph (a) insert— "(ab) record a conviction and order that the
offender serve a term of imprisonment
partly in custody and partly in the
community (a combined custody andtreatment order); or";
(b) in paragraph (d)—
(i) before "record" insert "in the case of a young offender,";
(ii) after "that the" insert "young";
(c)
after paragraph (d) insert— "(da) in the case of a young offender, record
a conviction and order that the young
offender be detained in a youth
residential centre; or".
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| s. 9 | Act No. 48/1997 |
9. New section 9 substituted2
For section 9 of the Principal Act substitute—
"9. Aggregate sentence of imprisonment
(1) If an offender is convicted by theMagistrates' Court of two or more offences which are founded on the same facts, or form, or are part of, a series of offences of the same or a similar character, the Court may impose an aggregate sentence of imprisonment in respect of those offences in place of a separate sentence of imprisonment in respect of each of them.
(2) The term of an aggregate sentence of
sub-section (1) must not exceed the total
effective period of imprisonment that could
have been imposed in respect of the offences
in accordance with this Act if theimprisonment imposed in accordance with sentence of imprisonment in respect of each of them.
(3) If the Magistrates' Court proposes to impose
an aggregate sentence of imprisonment, it
must before doing so announce in open
court, in language likely to be readily
understood by the offender—
(a) the decision to impose an aggregate sentence and the reasons for doing so; and (b) the effect of the proposed aggregate sentence.". 10. Sentencing offenders who commit offences while on parole or bail3
(1) In section 16(1A) of the Principal Act, for paragraph (d) substitute—
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 11 "(d) on any person for an offence committed while released under a parole order; or
(e)
on any person for an offence committed while released on bail in relation to another offence.".
(2) In section 16 of the Principal Act, for sub-section
(3B) substitute—
'(3B) Every term of imprisonment imposed on a
person for an offence committed while
released under a parole order made in respect
of another sentence of imprisonment ("the
parole sentence") must, unless otherwise
directed by the court because of the
existence of exceptional circumstances, be
served cumulatively on any period of
imprisonment which he or she may be
required to serve in custody in a prison on
cancellation of the parole order.(3C) Every term of imprisonment imposed on a person for an offence committed while released on bail in relation to any other offence or offences must, unless otherwise
directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender,
whether before or at the same time as thatterm.'.
11. Time held in custody before sentencing4
(1) In section 18(1) of the Principal Act, omit "and for no other reason".
(2) In section 18(2) of the Principal Act—
(a)
after paragraph (b) insert— "(ba) to an intensive correction order; or";
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| s. 12 | Act No. 48/1997 |
(b) after paragraph (c) insert—
"; or
(d)
to a period of custody declared on a previous occasion under this section or section 35 as reckoned to be a period of imprisonment or detention already served under another sentence of imprisonment or detention imposed on the offender.".
(3) In section 18(4) of the Principal Act, for
paragraphs (a) and (b) substitute "the fact that the
declaration was made and its details".(4) In section 35(1) of the Principal Act, omit "and for no other reason".
(5) In section 35(2) of the Principal Act, after paragraph (b) insert—
"; or
(c)
to a period of custody declared on a previous occasion under this section or section 18 as reckoned to be a period of detention or imprisonment already served under another sentence of detention or imprisonment imposed on the offender.".
(6) In section 35(4) of the Principal Act, for
paragraphs (a) and (b) substitute "the fact that the
declaration was made and its details".
12. New Subdivision (1B) inserted in Division 2 of Part 3
In Division 2 of Part 3, after Subdivision (1A) insert—
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 12
"Subdivision (1B)—Combined Custody and Treatment Orders
18Q. Combined custody and treatment order
(1) If a person is convicted by a court of an
offence and the court—
(a) is satisfied that drunkenness or drug commission of the offence; and
(b)
is considering sentencing him or her to a term of imprisonment of not more than 12 months; and
(c) has received a pre-sentence report—
the court, if satisfied that it is desirable to do
so in the circumstances, may impose a
sentence of imprisonment of not more than
12 months and order that not less than 6
months of that sentence be served in custody
and the balance be served in the community
on the conditions attached to the order.(2) Before making a combined custody and
treatment order a court may order a drug and
alcohol assessment report in respect of the
offender and adjourn the proceeding to
enable the report to be prepared.
(3) A court may only make a combined custody and treatment order if the offender agrees to comply with the conditions attached to it.
(4) A court must not make a combined custody
and treatment order if the sentence of
imprisonment by itself for the whole term
stated by the court would not be appropriate
in the circumstances having regard to the
provisions of this Act.
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| s. 12 | Act No. 48/1997 |
(5) If the offender is convicted of more than one
offence in the same proceeding the court may only make a combined custody and treatment order if the aggregate period of
imprisonment imposed in respect of all the
offences does not exceed 12 months.(6) A combined custody and treatment order
must be taken for all purposes to be a
sentence of imprisonment for the whole term
stated by the court.
(7) For the purposes of any proceedings under
section 18W, a combined custody and
treatment order made on appeal by the Court
of Appeal must be taken to have been made
by the court from whose decision the appeal
was brought.
18R. Core conditions
(1) Core conditions of a combined custody and treatment order are that the offender—
(a) must not during the period of the order commit another offence punishable on conviction by imprisonment; (b) while serving the sentence in the community must— (i) report to a specified community corrections centre within 2 clear working days after being released
from custody under the order;
(ii) drug addiction as specified in a
undergo treatment for alcohol or report;
(iii) report to, and receive visits from, a community corrections officer;
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 12 (iv) notify an officer at the specified community corrections centre of any change of address or
employment within 2 clear
working days after the change;(v) permission of an officer at the
specified community correctionsnot leave Victoria except with the in relation to the particular case;
(vi) obey all lawful instructions and corrections officers.
(2) A combined custody and treatment order
must have all the core conditions attached to
it.
(3) On making a combined custody and
treatment order a court must order that a
drug and alcohol pre-release report be
prepared in respect of the offender prior to
his or her release from custody under the
order.
18S. Program conditions
(1) The court may attach to a combined custody and treatment order—
(a)
a condition that the offender while serving the sentence in the community submit to testing for alcohol or drug use as specified in the order; or
(b)
any other condition relevant to the offender's drug or alcohol addiction or usage that the court considers necessary or desirable.
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| s. 12 | Act No. 48/1997 |
(2) A court is not required to attach any program
conditions to a combined custody and
treatment order.
(3) A court must not impose any more program conditions than are necessary to achieve the purpose or purposes for which the order is
made.
18T. Offender may be fined as well
A court may impose on an offender a fine authorised by law in addition to making a combined custody and treatment order.
18U. Secretary may direct offender to report at
another place
(1) If, because an offender has changed his or
it is not convenient that the offender should
report at a place or to a person specified in a
combined custody and treatment order, theher place of residence or for any other reason direct the offender to report at another place or to another person. (2) An offender must report as directed under
sub-section (1) as if that place or person had
been specified in the order.
18V. Suspension of combined custody and
treatment order
At any time after the release from custody of an offender under a combined custody and treatment order, the Secretary to the Department of Justice may—
(a) if the offender is ill; or
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 12 (b) in other exceptional circumstances—
suspend for a period the operation of the
order or of any condition of the order and, if
so, that period does not count in calculating
the period for which the order is to remain inforce.
18W. Breach of combined custody and treatment
order
(1) If at any time while a combined custody and treatment order is in force the offender fails without reasonable excuse to comply with
any condition of it, the offender is guilty of
an offence for which he or she may be
proceeded against on a charge filed by a
prescribed person or a member of aprescribed class of persons.
(2) A proceeding for an offence under sub-
section (1) may be commenced at any time up until 3 years after the date on which the offence is alleged to have been committed.
(3) Despite anything to the contrary in the
Magistrates' Court Act 1989—
(a) on the filing of a charge referred to in sub-section (1), an application under section 28(1) of that Act for the issue of a summons to answer to the charge or a
warrant to arrest may be made to the
registrar at any venue of the
Magistrates' Court;(b) a summons to answer to the charge issued on an application referred to in paragraph (a) must direct the defendant to attend— (i) at the proper venue of the Magistrates' Court, if the
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| s. 12 | Act No. 48/1997 |
combined custody and treatment
order was made by theMagistrates' Court; and
(ii) County Court, if the combined
at the Supreme Court or the made by that court—
to answer the charge;
(c)
a warrant to arrest issued on an application referred to in paragraph (a) authorises the person to whom it is directed to bring the defendant when arrested before a bail justice or before the court by which the combined custody and treatment order was made to be dealt with according to law.
(4) Despite anything to the contrary in this or
Supreme Court or the County Court may, if
the combined custody and treatment order
was made by it, hear and determine without
a jury an offence against sub-section (1) and,
subject to any rules of court, the practice and
procedure applicable in the Magistrates'any other Act or in any rule of law, the summary offences applies so far as is appropriate to the hearing of the offence.
(5) If on the hearing of a charge under sub-
section (1) the court finds the offender guilty of the offence, it may impose a level 12 fine and in addition must either—
(a) confirm the order originally made; or
(b)
order the offender to serve in custody the whole part of the sentence that was to be served in the community.
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 13 (6) Despite anything to the contrary in sub-
section (5), if on the hearing of a charge the court finds the offender guilty of the offence it must, in addition to any fine it may impose under sub-section (5), exercise the power
referred to in paragraph (b) of that sub- section unless it is of the opinion that it would be unjust to do so in view of any exceptional circumstances which have arisen
since the combined custody and treatment
order was made.(7) If the court decides not to exercise the power referred to in sub-section (5)(b), it must state in writing its reasons for so deciding.
(8) The part of a term of imprisonment which a court orders an offender to serve in custody under sub-section (5) must be served—
(a) immediately; and
(b) unless the court otherwise orders, cumulatively on any other term of imprisonment previously imposed on the offender by that or any other court.
(9) A fine imposed under this section must be
taken for all purposes to be a fine payable on
a conviction of an offence.".
13. Breach of intensive correction order
(1) In section 19 of the Principal Act, for sub-sections
(7) and (8) substitute—
"(7) For the purpose of any proceedings under
section 25 or 26, an intensive correction
order made on appeal by the Court of Appeal
must be taken to have been made by the
court from whose decision the appeal wasbrought.".
(2) In section 26(1) of the Principal Act—
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| s. 13 | Act No. 48/1997 |
(a) omit "in the supervising court";
(b) for "the Secretary to the Department of Justice or a community corrections officer" substitute "a prescribed person or a member of a prescribed class of persons". (3) In section 26 of the Principal Act, for sub-sections
(2) and (3) substitute—
"(2) Despite anything to the contrary in the
Magistrates' Court Act 1989—
(a)
on the filing of a charge referred to in sub-section (1), an application under section 28(1) of that Act for the issue of
a summons to answer to the charge or a
warrant to arrest may be made to the
registrar at any venue of the
Magistrates' Court;(b)
a summons to answer to the charge issued on an application referred to in paragraph (a) must direct the defendant to attend—
(i) Magistrates' Court, if the intensive
at the proper venue of the Magistrates' Court; and
(ii) County Court, if the intensive
at the Supreme Court or the court—
to answer the charge;
(c)
a warrant to arrest issued on an application referred to in paragraph (a) authorises the person to whom it is directed to bring the defendant when arrested before a bail justice or before the court by which the intensive
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 13 correction order was made to be dealt
with according to law.
(3) Despite anything to the contrary in this or
any other Act or in any rule of law, the the intensive correction order was made by it, hear and determine without a jury an offence against sub-section (1) and, subject to any rules of court, the practice and procedure applicable in the Magistrates' Court to the hearing and determination of summary offences applies so far as is appropriate to the hearing of the offence.
(3A) If on the hearing of a charge under sub-
section (1) the court finds the offender guilty of the offence, it may impose a level 12 fine and in addition must—
(a) vary the intensive correction order; or (b) confirm the order originally made; or
(c) cancel the order (if it is still in force) and, whether or not it is still in force, commit the offender to prison for the portion of the term of imprisonment to which he or she was sentenced that was
unexpired at the date of the offence
under sub-section (1).
(3B) Despite anything to the contrary in sub-
section (3A), if on the hearing of a charge
the court finds the offender guilty of the
offence and is satisfied that the offence was
constituted, in whole or in part, by the
offender committing another offence
punishable by imprisonment during the
period of the intensive correction order, it
must, in addition to any fine it may impose
under sub-section (3A), exercise the power
Sentencing and Other Acts (Amendment) Act 1997
| s. 14 | Act No. 48/1997 |
referred to in paragraph (c) of that sub- section unless it is of the opinion that it would be unjust to do so in view of any exceptional circumstances which have arisen
since the intensive correction order was
made.(3C) If the court decides not to exercise the power
referred to in sub-section (3A)(c), it must
state in writing its reasons for so deciding.".
(4) In section 26(4) of the Principal Act—
(a) omit ", unless the court otherwise orders,";
(b) in paragraph (b), for "concurrently with" orders, cumulatively on".
14. Suspended sentences of imprisonment
(1) In section 3(1) of the Principal Act—
(a) in the definition of "operational period", for "specified under section 27(6)" substitute "for which the whole or a part of the sentence is suspended under section 27(1)"; (b) prescribed under the regulations;'; for the definition of "prescribed officer" ' "prescribed person" means a person
(c) the definition of "treatment period" is repealed. (2) In section 27 of the Principal Act, for sub-sections
(1) and (2) substitute—
"(1) On sentencing an offender to a term of
imprisonment a court may make an order suspending, for a period specified by the court, the whole or a part of the sentence if it
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 14 is satisfied that it is desirable to do so in the
circumstances.(2) A court may only make an order suspending
a sentence of imprisonment if the period of
imprisonment imposed, or the aggregate
period of imprisonment where the offender is
convicted of more than one offence in the
proceeding—
(a) does not exceed 3 years in the case of the Supreme Court or the County Court; and (b) does not exceed 2 years in the case of the Magistrates' Court. (2A) The period for which the whole or a part of a sentence of imprisonment may be suspended is—
(a)
the length of the suspended term of imprisonment; or
(b)
another period specified by the court not exceeding 3 years, in the case of the Supreme Court or the County Court, or 2 years, in the case of the Magistrates' Court—
whichever is the longer.".
(3) In section 27 of the Principal Act, for sub-section
(4) substitute—
"(4) A court proposing to make an order
suspending a sentence of imprisonment must before making the order explain, or cause to be explained, to the offender in language
likely to be readily understood by him orher—
(a)
the purpose and effect of the proposed order; and
Sentencing and Other Acts (Amendment) Act 1997
| s. 15 | Act No. 48/1997 |
(b) or she commits, whether in or outside
Victoria, another offence punishable bythe consequences that may follow if he period of the sentence.".
(4) In section 27 of the Principal Act, sub-section (6)
is repealed.
(5) In section 27 of the Principal Act, for sub-section
(9) substitute—
"(9) For the purpose of any proceedings under
section 31, a suspended sentence of
imprisonment imposed on an offender on
appeal by the Court of Appeal must be taken
to have been imposed by the court fromwhose decision the appeal was brought.".
(6) Sections 28 and 30 of the Principal Act are
repealed.
(7) In section 29 of the Principal Act, omit "or 28". (8) In section 80(1) of the Principal Act, paragraph
(a) is repealed.
(9) In sections 81(2)(c) and 82(2)(c) of the Principal Act, omit "a suspended sentence or".
(10) In section 96(3) of the Principal Act, paragraph
(b) is repealed.
15. Breach of order suspending sentence
(1) In section 31 of the Principal Act, for sub-sections
(1) to (5) substitute—
"(1) If at any time during the operational period
of a suspended sentence of imprisonment, imprisonment, the offender is guilty of an offence for which he or she may be proceeded against on a charge filed by a
the offender commits, whether in or outside
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 15 prescribed person or a member of a
prescribed class of persons.
(2) A proceeding for an offence under sub-
section (1) may be commenced at any time up until 3 years after the date on which the offence is alleged to have been committed.
(3) Despite anything to the contrary in the
Magistrates' Court Act 1989—
(a) on the filing of a charge referred to in sub-section (1), an application under section 28(1) of that Act for the issue of a summons to answer to the charge or a
warrant to arrest may be made to the
registrar at any venue of the
Magistrates' Court;(b) a summons to answer to the charge issued on an application referred to in paragraph (a) must direct the defendant to attend—
(i) at the proper venue of the Magistrates' Court, if the suspended sentence was imposed
by the Magistrates' Court; and
(ii) County Court, if the suspended
at the Supreme Court or the court—
to answer the charge;
(c)
a warrant to arrest issued on an application referred to in paragraph (a) authorises the person to whom it is directed to bring the defendant when arrested before a bail justice or before the court by which the suspended
Sentencing and Other Acts (Amendment) Act 1997
| s. 15 | Act No. 48/1997 |
| sentence was imposed to be dealt with according to law. |
(4) Despite anything to the contrary in this or
any other Act or in any rule of law, the the suspended sentence was imposed by it, hear and determine without a jury an offence against sub-section (1) and, subject to any rules of court, the practice and procedure applicable in the Magistrates' Court to the hearing and determination of summary offences applies so far as is appropriate to the hearing of the offence.
(5) If on the hearing of a charge under sub-
section (1) the court finds the offender guilty of the offence, it may impose a level 12 fine and in addition must—
(a)
restore the sentence or part sentence held in suspense and order the offender to serve it; or
(b)
restore part of the sentence or part sentence held in suspense and order the offender to serve it; or
(c)
in the case of a wholly suspended sentence, extend the period of the order suspending the sentence to a date not later than 12 months after the date of the order under this sub-section; or
(d)
make no order with respect to the suspended sentence.
(5A) Despite anything to the contrary in sub-
section (5), if on the hearing of a charge the court finds the offender guilty of the offence it must, in addition to any fine it may impose under sub-section (5), exercise the power
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 16 referred to in paragraph (a) of that sub- section unless it is of the opinion that it would be unjust to do so in view of any exceptional circumstances which have arisen
since the order suspending the sentence was
made.(5B) If the court decides not to exercise the power referred to in sub-section (5)(a), it must state in writing its reasons for so deciding.".
(2) In section 31(6) of the Principal Act—
(a) omit ", unless the court otherwise orders,";
(b) in paragraph (b), for "concurrently with" orders, cumulatively on".
(3) Section 31(7) of the Principal Act is repealed.
16. Youth training centre orders5
(1) In sections 32(2)(b), 32(4), 34(1)(a), 34(1)(b),
34(1)(c), 35(5) and 35(8)(a) of the Principal Act,
for "offender" substitute "young offender".
(2) In section 32(1) of the Principal Act, for "If"
substitute "Subject to sub-sections (2A) and (2B),
if".
(3) In section 32 of the Principal Act, after sub- section (2) insert—
"(2A) A court must not make a youth training
centre order in respect of a young offender who at the time of being sentenced is under the age of 15 years.".
(4) In sections 32(3), 32(5)(a), 34(2), 34(3), 34(5),
34(6), 35(1), 35(3) and 35(4) of the Principal Act,
for "an offender" substitute "a young offender".
(5) In section 32(3) of the Principal Act—
Sentencing and Other Acts (Amendment) Act 1997
| s. 17 | Act No. 48/1997 |
(a) in paragraph (a), for "24 months" substitute "2 years"; (b) in paragraph (b), for "36 months" substitute "3 years". (6) In sections 32(5) and 35(3)(a) of the Principal Act, for "the offender" substitute "the young offender".
(7) In sections 33(1), 33(2), 33(3) and 35(6) of the
Principal Act, for "a person" substitute "a young offender".
(8) In sections 33(1), 33(2)(a) and 33(2)(b) of the
Principal Act, for "that person" substitute "the young offender".
(9) In section 33(3) of the Principal Act, for "the person" substitute "the young offender".
17. Youth residential centre orders6
(1) In sections 16(1), 16(2)(a), 16(3), 17(5) and 17(6)
of the Principal Act, after "centre" insert "or
youth residential centre".
(2) In the heading to Subdivision (4) of Division 2 of Part 3 of the Principal Act, after "Orders" insert "and Youth Residential Centre Orders".
(3) In sections 32(1) and 32(2) of the Principal Act, after "order" insert "or a youth residential centre order".
(4) In section 32 of the Principal Act, before sub- section (3) insert—
"(2B) A court must not make a youth residential centre order in respect of a young offender who at the time of being sentenced is aged 15 or more.".
(5) In section 32(3) of the Principal Act, after "centre"
insert "or youth residential centre".
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 18 (6) In section 32(5) of the Principal Act, omit "in a
youth training centre" (where twice occurring).(7) In sections 33(1), 33(2), 33(3), 34(1) (where first
occurring), 34(2), 34(3), 34(4), 34(5), 34(6)
(where twice occurring) and 35(1) of the Principal
Act, omit "in a youth training centre".
(8) In section 34(1)(c) of the Principal Act, after "centre" insert "or a youth residential centre".
(9) In section 96(2) of the Principal Act, after "youth training centre order" insert ", a youth residential centre order".
(10) In section 96(3)(a) of the Principal Act, after
"order" insert "or a youth residential centre
order".
18. Gaol term combined with community-based order
In section 36(2) of the Principal Act, after
"months" insert "provided that the sentence ofimprisonment is not—
(a)
ordered to be served by way of intensive correction in the community; or
(b) suspended in whole or in part".
19. Breach of community-based order
(1) In section 36 of the Principal Act, for sub-sections
(4) and (5) substitute—
"(4) For the purpose of any proceedings under
section 46 or 47, a community-based order
made on appeal by the Court of Appeal must
be taken to have been made by the court
from whose decision the appeal wasbrought.".
(2) In section 47(1) of the Principal Act—
(a) omit "in the supervising court";
Sentencing and Other Acts (Amendment) Act 1997
| s. 19 | Act No. 48/1997 |
(b) for "the Secretary to the Department of Justice or a community corrections officer" substitute "a prescribed person or a member of a prescribed class of persons". (3) In section 47 of the Principal Act, for sub-sections
(2) and (3) substitute—
"(2) Despite anything to the contrary in the
Magistrates' Court Act 1989—
(a) on the filing of a charge referred to in sub-section (1), an application under section 28(1) of that Act for the issue of a summons to answer to the charge or a
warrant to arrest may be made to the
registrar at any venue of the
Magistrates' Court;(b) a summons to answer to the charge issued on an application referred to in paragraph (a) must direct the defendant to attend— (i) at the proper venue of the Magistrates' Court, if the community-based order was made
by the Magistrates' Court; and
(ii) County Court, if the community-
at the Supreme Court or the court—
to answer the charge;
(c)
a warrant to arrest issued on an application referred to in paragraph (a) authorises the person to whom it is directed to bring the defendant when arrested before a bail justice or before the court by which the community-
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 20 based order was made to be dealt with
according to law.
(3) Despite anything to the contrary in this or
any other Act or in any rule of law, the the community-based order was made by it, hear and determine without a jury an offence against sub-section (1) and, subject to any rules of court, the practice and procedure applicable in the Magistrates' Court to the hearing and determination of summary offences applies so far as is appropriate to the hearing of the offence.
(3A) If on the hearing of a charge under sub-
section (1) the court finds the offender guilty of the offence, it may impose a level 12 fine and in addition may—
(a) vary the community-based order; or
(b) confirm the order originally made; or
(c) cancel the order (if it is still in force) and, whether or not it is still in force, subject to sub-section (4), deal with the offender for the offence or offences with respect to which the order was made in any manner in which the court
could deal with the offender if it had
just found him or her guilty of that
offence or those offences.".
20. Release on adjournment
(1) In section 70 of the Principal Act, before "An"
insert "(1)".
(2) At the end of section 70 of the Principal Act
insert—
"(2) For the purpose of any proceedings under
Subdivision (4), an order made under this
Sentencing and Other Acts (Amendment) Act 1997
| s. 21 | Act No. 48/1997 |
Division on appeal by the Court of Appeal must be taken to have been made by the court from whose decision the appeal was brought.".
21. Breach of order for release on adjournment
(1) In section 79 of the Principal Act, for sub-sections
(1) to (3) substitute—
"(1) If at any time while an undertaking given
under Subdivision (2) or (3) is in force the offender fails without reasonable excuse to comply with any condition of it, the offender
is guilty of an offence for which he or she
may be proceeded against on a charge filed
by a prescribed person or a member of aprescribed class of persons.
(2) A proceeding for an offence under sub-
section (1) may be commenced at any time up until 3 years after the date on which the offence is alleged to have been committed.
(3) Despite anything to the contrary in the
Magistrates' Court Act 1989—
(a) on the filing of a charge referred to in sub-section (1), an application under section 28(1) of that Act for the issue of a summons to answer to the charge or a
warrant to arrest may be made to the
registrar at any venue of the
Magistrates' Court;(b) a summons to answer to the charge issued on an application referred to in paragraph (a) must direct the defendant to attend— (i) at the proper venue of the Magistrates' Court, if the order for the release of the offender was
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 21 made by the Magistrates' Court;
and(ii) at the Supreme Court or the County Court, if the order for the release of the offender was made by that court—
to answer the charge;
(c)
a warrant to arrest issued on an application referred to in paragraph (a) authorises the person to whom it is directed to bring the defendant when arrested before a bail justice or before the court by which the order for the release of the offender was made to be dealt with according to law.
(3A) Despite anything to the contrary in this or
any other Act or in any rule of law, the the order for the release of the offender was made by it, hear and determine without a jury an offence against sub-section (1) and, subject to any rules of court, the practice and procedure applicable in the Magistrates' Court to the hearing and determination of summary offences applies so far as is appropriate to the hearing of the offence.".
(2) In section 79(4) of the Principal Act—
(a)
for "an application under this section the court is satisfied by evidence on oath or by affidavit or by the admission of the offender that the offender has failed without reasonable excuse to comply with any condition of the undertaking" substitute "a charge under sub-section (1) the court finds the offender guilty of the offence";
Sentencing and Other Acts (Amendment) Act 1997
| s. 22 | Act No. 48/1997 |
(b)
for "fine not exceeding level 12" substitute "level 12 fine".
22. Discharge as security patient
In section 93(5) of the Principal Act, for person be discharged as a security patient".
"discharges the person under the Mental HealthAct 1986" substitute "orders under Division 4 of
23. Pre-sentence reports
In section 96(2) of the Principal Act, after "making" insert "a combined custody and treatment order,".
24. New Division 2A inserted in Part 6
After Division 2 of Part 6 of the Principal Act insert—
"Division 2A—Drug and Alcohol Reports 99A. Drug and alcohol assessment report
(1) If a court considering making a combined custody and treatment order orders a drug and alcohol assessment report, it must be prepared by an approved drug and alcohol
assessment agency.
(2) The purpose of a drug and alcohol
assessment report is—
(a)
to assess whether the offender is an alcoholic or drug-dependent person; and
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 24
(b) her suitability to undergo treatment
to make recommendations as to his or treatment order.
(3) A drug and alcohol assessment report may set out any matters which, on investigation, appear to the author of the report to be
relevant to the assessment of the offender
and are readily ascertainable by him or her.(4) The author of a drug and alcohol assessment report must conduct any investigation that he or she thinks appropriate or that is directed
by the court.
99B. Distribution of drug and alcohol
assessment report
(1) A drug and alcohol assessment report must be filed with the court no later than the time directed by the court.
(2) The author of a drug and alcohol assessment
report must, a reasonable time before
sentencing is to take place, provide a copy of
the report to—
(a) the prosecutor; and
(b)
the legal practitioners representing the offender; and
(c)
if the court has so directed, the offender.
99C. Disputed drug and alcohol assessment
report
(1) The prosecution or the defence may file with
the court a notice of intention to dispute the
whole or any part of a drug and alcohol
assessment report.
Sentencing and Other Acts (Amendment) Act 1997
| s. 24 | Act No. 48/1997 |
(2) If a notice is filed under sub-section (1)
before sentencing is to take place, the court
must not take the report or the part in dispute
(as the case requires) into consideration
when determining sentence unless the party
that filed the notice has been given the
opportunity—
(a)
to lead evidence on the disputed matters; and
(b)
to cross-examine the author of the report on its contents.
99D. Drug and alcohol pre-release report
(1) A drug and alcohol pre-release report in
respect of an offender must be prepared by
an approved drug and alcohol assessment
agency.
(2) A drug and alcohol pre-release report must specify any treatment for alcohol or drug addiction that the offender is to undergo during the period of the combined custody
and treatment order on release from custody.
(3) The author of a drug and alcohol pre-releasereport must conduct any investigation that he
or she thinks appropriate or that is directed
by the court.
(4) The author of a drug and alcohol pre-release
report must, a reasonable time before the offender's release from custody is to take place, provide a copy of the report to—
(a) corrections centre specified in the
the officer in charge of the community and
(b) the offender.
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 25 99E. Approved drug and alcohol assessment
agencies
(1) A person or body may apply to the Secretary
to the Department of Human Services for approval for the purposes of this Division.
(2) The Secretary to the Department of Human
Services—
(a)
may grant an approval subject to any conditions, limitations or restrictions specified in the approval; and
(b)
must specify the period during which an approval continues in force.".
25. Consequential amendments
(1) In section 3(1) of the Principal Act, after the
definition of "alcoholic" insert—
' "approved drug and alcohol assessment
agency" means a person or body approved purposes of Division 2A of Part 6;'.
under section 99E by the Secretary to the
(2) In section 100(1)(a) and 100(7) of the Principal
Act, for "Schedule 1" substitute "Schedule 2".
26. Correction of judgment or sentence
In Part 7 of the Principal Act, after section 104 insert—
"104A. Power to correct clerical mistakes, etc.
(1) The judge or magistrate who gave judgment
or passed sentence, or purported to give
judgment or pass sentence, on the trial or
hearing of an offence may, on his or her own
initiative or on an application made on
behalf
Sentencing and Other Acts (Amendment) Act 1997
| s. 26 | Act No. 48/1997 |
of the defence or the prosecution, amend the judgment or sentence or purported judgment or sentence if satisfied—
(a) that it contains—
(i) a clerical mistake; or
(ii) an error arising from an accidental slip or omission; or
(iii) a material miscalculation of
figures or a material mistake in
the description of any person,
thing or matter; or(iv) a defect of form; or
(b) that it fails to deal with a matter that it would have undoubtedly dealt with in accordance with the amendment if the attention of the judge or magistrate had been drawn to it.
(2) The power conferred by sub-section (1) on a judge or magistrate may be exercised at any time up until the end of the fourteenth day
after the judgment was given or purportedly
given or the sentence was passed or
purportedly passed.(3) The power conferred by sub-section (1) on a judge or magistrate may be exercised by any other judge of the Supreme Court or the
County Court or magistrate (as the case requires) if the first-mentioned judge or magistrate is unable for any reason to do so
within a reasonable time.(4) It is not necessary for a proceeding under
this section to be conducted in open court, or
for a judge or magistrate considering the
exercise of the power conferred by sub-
section (1) to hear or invite written
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 27 submissions from any other party, unless the
judge or magistrate considers that it is
desirable or necessary to do so in the
interests of justice in the particular case.(5) This section applies, with any necessary
modifications, in relation to any judgment
given or sentence passed, or purportedly
given or passed, by the Court of Appeal.
(6) This section does not take away from—
(a)
any power possessed by a judge or magistrate under statute or at common law; or
(b)
any right to appeal against, or to seek leave to appeal against or a review of, a judgment or sentence that any party to a criminal proceeding otherwise has.".
27. New penalty scale
For Table 1 in section 109(1) of the Principal Act substitute—
"TABLE 1
Column 1 Column 2 Maximum Term of Level Imprisonment 1 Life 2 25 years 3 20 years 4 15 years 5 10 years 6 5 years 7 2 years 8 1 year 9 6 months.".
28. Amendments consequential on new penalty scale
Sentencing and Other Acts (Amendment) Act 1997
| s. 28 | Act No. 48/1997 |
(1) In sections 11(1)(b), 11(2), 36(3), 72(3), 75(3),
80(2) of the Principal Act, for "24 months"
substitute "2 years".
(2) In sections 11(2), 13(3), 19(1), 19(4), 38(1)(c),
81(1)(a) of the Principal Act, for "12 months"
(wherever occurring) substitute "one year".
(3) In section 72(1) of the Principal Act, for "60 months" substitute "5 years".
(4) For Table 3 in section 109(3) of the Principal Act
substitute—
"TABLE 3
Column 1 Column 2 Term of Imprisonment Unpaid Community Work 3 years or more 500 hours over a 2 year
period2 years or more but less 375 hours over a 1½ year than 3 period 1 years or more but less 250 hours over a 1 year than 2 period 6 months or more but less 125 hours over a 6 month than 1 year period Less than 6 months 50 hours over a 3 month
period.".
(5) For Table 4 in section 109(4) of the Principal Act
substitute—
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 29 "TABLE 4
Column 1 Column 2 Fine Unpaid Community Work 360 penalty units or more 500 hours over a 2 year
period240 penalty units or more 375 hours over a 1½ year but less than 360 period 120 penalty units or more 250 hours over a 1 year but less than 240 period 60 penalty units or more 125 hours over a 6 month but less than 120 period 10 penalty units or more 50 hours over a 3 month but less than 60 period.".
(6) In section 112(1) of the Principal Act, for sub-
section (1) substitute—
"(1) An offence that is described in a provision of
an Act (other than the Crimes Act 1958 or
the Wrongs Act 1958), subordinate
instrument or local law as being level 1, 2, 3,
4, 5 or 6 or as being punishable by level 1, 2,
3, 4, 5 or 6 imprisonment or level 1, 2, 3, 4,
5, 6, 7 or 8 fine or both is, unless the
contrary intention appears, an indictable
offence.".(7) In section 113(1) of the Principal Act, for "level 9" substitute "2 years".
29. New section 109A inserted
After section 109 of the Principal Act insert—
"109A. Operation of penalty provisions
If an offence is described in a provision of an Act, subordinate instrument or local law as being an offence of a specified level or as being punishable by imprisonment or a fine
Sentencing and Other Acts (Amendment) Act 1997
| s. 30 | Act No. 48/1997 |
of a specified level and there is included in
that provision a description in years or
months or both of the term of imprisonment,
or in penalty units or dollars of the amount
of the fine, by which that offence ispunishable, that description—
(a)
is inserted for convenience of reference only and does not affect the operation of the penalty provision as expressed in terms of levels; and
(b)
must be disregarded if it is inconsistent with that penalty provision—
unless the contrary intention appears.".
30. Penalty provisions
In section 111 of the Principal Act, for "conviction" substitute "a finding of guilt (with or without recording a conviction as required by section 7)".
31. New sections 113A to 113C inserted
After section 113 of the Principal Act insert—
"113A. Maximum term of imprisonment for
summary offence
(1) If a person is convicted of a summary
offence, the maximum term of imprisonment
to which a court may sentence the offender
in respect of that offence is 2 years.
(2) This section has effect despite anything to the contrary in any Act.
113B. Maximum cumulative term of
imprisonment imposable by Magistrates'
CourtThe Magistrates' Court must not impose on any person in respect of several offences
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 32 committed at the same time cumulative
sentences of imprisonment to take effect in
succession for a term exceeding in the whole
5 years unless that term is expresslyprovided by an Act.
113C. Maximum term of imprisonment where
none prescribed
If a person is convicted of an offence against an enactment punishable by imprisonment but the maximum term of imprisonment is not prescribed anywhere, the maximum term of imprisonment to which a court may sentence the offender in respect of that offence is 2 years.".
32. Minor amendments
(1) Section 16(5) of the Principal Act is repealed. (2) In the heading to Part 12 of the Principal Act,
omit ", REPEALS AND AMENDMENTS".
33. New section 118 inserted
For sections 118 and 119 of the Principal Act substitute—
"118. Transitional provisions (1997 amendments)
(1) The amendments of this Act made by a
18, 26, 30 or 31 of the Sentencing and
provision of section 5, 9, 11, 12, 14, 16 to to a sentence imposed, or judgment given, after the commencement of that provision, irrespective of when the offence was committed. (2) The amendments of this Act made by a
provision of section 6 or 10 of the
Sentencing and Other Acts (Amendment)
Act 1997 apply to a proceeding for an
Sentencing and Other Acts (Amendment) Act 1997
| s. 33 | Act No. 48/1997 |
offence that is commenced after the
commencement of that provision,
irrespective of when the offence to which the
proceeding relates is alleged to have beencommitted.
(3) The amendments of this Act made by a
provision of section 13, 15, 19 or 21 of the Act 1997 apply to a failure to comply with a sentencing order that is alleged to have occurred after the commencement of that provision, irrespective of when the sentencing order was made.
(4) A person in respect of whom a suspended
sentence imposed under section 28 is in passed and that sentence may be cancelled or varied and any failure to comply with it may be dealt with under this Act as in force immediately before that commencement despite anything to the contrary in this section.
force immediately before the commencement
of section 14(5) continues to be subject to
the requirements of that sentence in all
respects as if the Sentencing and Other(5) A person referred to in sub-section (4) may
continue to be dealt with under the
Alcoholics and Drug-dependent Persons
Act 1968 as in force immediately before the
commencement of section 67 of the
Sentencing and Other Acts (Amendment)
Act 1997.
(6) For the purposes of this section a sentence
imposed by an appellate court on setting aside a sentencing order must be taken to
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 34 have been imposed at the time the original
sentencing order was made.".
34. New Schedules substituted in Principal Act For the Schedules to the Principal Act substitute—
"SCHEDULE 1
SERIOUS OFFENDER OFFENCES
1. Sexual offences
This clause applies to the following offences—
(a)
an offence against any of the following sections of the Crimes Act 1958:
(i) section 38 (rape);
(ii) section 39 (indecent assault) if—(A) immediately before or during or
immediately after the commission of the
offence and at, or in the vicinity of, the
place where the offence was committed,
the offender inflicted serious personal
violence on the victim or did an act
which was likely seriously and
substantially to degrade or humiliate the
victim, whether or not the serious
personal violence or that act constituted
or formed part of the indecent assault; or
(B) the offender was aided or abetted by
another person who was present; or(C) the victim was under 16 years of age at
the time of the commission of the
offence;
(iii) section 40 (assault with intent to rape);
(iv) section 44(1), (2) or (4) (incest) but not section 44(4) if both people are aged 18 or older and each consented (as defined in section 36 of the Crimes Act 1958) to engage in the sexual act;
Sentencing and Other Acts (Amendment) Act 1997
| s. 34 | Act No. 48/1997 |
(v) section 45(1) (sexual penetration of child under the age of 10);
(vi) section 46(1) (sexual penetration of child aged between 10 and 16);
(vii) section 47(1) (indecent act with child under the age of 16);
(viii) section 47A(1) (sexual relationship with child under the age of 16);
(ix) section 49A(1) (facilitating sexual offences against children);
(x) section 51 (sexual offences against people with impaired mental functioning);
(xi) section 52 (sexual offences against residents of residential facilities);
(xii) section 53 (administration of drugs, etc.);
(xiii) section 55 (abduction or detention);(xiv) section 56 (abduction of child under the age of 16);
(xv) section 57 (procuring sexual penetration by threats or fraud);
(xvi) section 58 (procuring sexual penetration of child under the age of 16);
(xvii) section 76 (burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit a sexual or indecent assault;
(xviii) section 77 (aggravated burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit a sexual or indecent assault;
(b)
an offence against any of the following provisions (as amended) inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed on 1 January 1992 by section 3 of the Crimes (Rape) Act 1991:
(i) section 40 (rape);
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 34 (ii) section 41 (rape with aggravating circumstances);
(iii) section 43 (indecent assault with aggravating circumstances);
(c)
an offence against any of the following provisions (as amended) inserted in the Crimes Act 1958 on 1 March 1981 by section 5 of the Crimes (Sexual Offences) Act 1980 and repealed on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991:
(i) section 44(1) (indecent assault);
(ii) section 44(2) (indecent assault with aggravating circumstances);
(iii) section 45(1) (rape);
(iv) section 45(2) (attempted rape);(v) section 45(2) (assault with intent to commit rape);
(vi) section 45(3) (rape with aggravating circumstances);
(vii) section 45(4) (attempted rape with aggravating circumstances);
(viii) section 45(4) (assault with intent to commit rape with aggravating circumstances);
(ix) section 47(1) (sexual penetration of child under the age of 10);
(x) section 47(2) (attempted sexual penetration of child under the age of 10);
(xi) section 47(2) (assault with intent to take part in act of sexual penetration with child under the age of 10);
(xii) section 48(1) (sexual penetration of child aged between 10 and 16);
(xiii) section 48(2) (attempted sexual penetration of child aged between 10 and 16);
(xiv) section 48(2) (assault with intent to take part in act of sexual penetration with child aged between 10 and 16);
Sentencing and Other Acts (Amendment) Act 1997
| s. 34 | Act No. 48/1997 |
(xv) section 50(1) (gross indecency with child under the age of 16);
(xvi) section 51 (sexual penetration of mentally ill or intellectually defective person);
(xvii) section 51 (attempted sexual penetration of mentally ill or intellectually defective person);
(xviii) section 51 (assault with intent to take part in act of sexual penetration with mentally ill or intellectually defective person);
(xix) section 52 (incest) but not section 52(4) or (5) if both people are aged 18 or older and each consented to taking part in the act of sexual penetration;
(xx) section 54 (procuring persons by threats or fraud);
(xxi) section 55 (administration of drugs, etc.);
(xxii) section 56 (abduction and detention);(xxiii) section 61 (unlawful detention for purposes of sexual penetration);
(d)
an offence against any of the following provisions (as amended) of the Crimes Act 1958 repealed on 1 March 1981 by section 5 of the Crimes (Sexual Offences) Act 1980:
(i) section 44(1) (rape);
(ii) section 44(2) (rape with mitigating circumstances);
(iii) section 45 (attempted rape);
(iv) section 45 (assault with intent to rape);(v) section 46 (unlawfully and carnally knowing and abusing a girl under the age of 10);
(vi) section 47 (attempting to unlawfully and carnally know and abuse girl under the age of 10);
(vii) section 47 (assault with intent to unlawfully and carnally know and abuse girl under the age of 10);
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 34 (viii) section 48(1) (unlawfully and carnally knowing and abusing girl aged between 10 and 16);
(ix) section 48(2) (attempting to unlawfully and carnally know and abuse girl aged between 10 and 16);
(x) section 48(2) (assault with intent to unlawfully and carnally know and abuse girl aged between 10 and 16);
(xi) section 52 (incest) but not section 52(3) or (4) if the woman or girl is the sister of the offender and both are aged 18 or older and the carnal knowledge or attempt or assault with intent to have unlawful carnal knowledge was or was made with the consent of the sister;
(xii) section 54 (carnal knowledge of female mentally ill or intellectually defective person);
(xiii) section 54 (attempted carnal knowledge of female mentally ill or intellectually defective person);
(xiv) section 54 (assault with intent to carnally know female mentally ill or intellectually defective person);
(xv) section 55(1) (indecent assault);
(xvi) section 55(3) (felonious indecent assault);(xvii) section 57(1) or (2) (procuring defilement of woman by threats or fraud or administering drugs);
(xviii) section 62 (forcible abduction of woman);
(xix) section 68(1) (buggery);
(xx) section 68(3A) or (3B) (indecent assault on male person);
(xxi) section 69(1) (act of gross indecency with girl under the age of 16);
(e) any of the following common law offences:
(i) rape;
(ii) attempted rape;
(iii) assault with intent to rape;
Sentencing and Other Acts (Amendment) Act 1997
| s. 34 | Act No. 48/1997 |
(f)
an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraphs (a) to (e).
2. Violent offences
This clause applies to the following offences—
(a) murder;
(b) manslaughter;
(c) an offence against any of the following sections of the Crimes Act 1958: (i) section 16 (causing serious injury intentionally);
(ii) section 17 (causing serious injury recklessly);
(iii) section 19A (intentionally causing a very serious disease);
(iv) section 20 (threats to kill);
(v) section 21 (threats to inflict serious injury);(vi) section 63A (kidnapping);
(d) an offence against any of the following provisions (as amended) of the Crimes Act 1958 repealed on 24 March 1986 by section 8(2) of the Crimes (Amendment) Act 1985: (i) section 17 (intentionally causing grievous bodily harm or shooting, etc. with intention to do grievous bodily harm or to resist or prevent arrest);
(ii) section 19A (inflicting grievous bodily harm);
(iii) section 20 (attempting to choke, etc, in order to commit an indictable offence);
(iv) section 35B (making demand with threat to kill or injure or endanger life);
(e) the common law offence of kidnapping;
(f)
an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraphs (a) to (e).
3. Serious violent offences
This clause applies to the following offences—
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 34 (a) murder;
(b) an offence against any of the following sections of the Crimes Act 1958: (i) section 16 (causing serious injury intentionally);
(ii) section 19A (intentionally causing a very serious disease);
(iii) section 20 (threats to kill);
(c) an offence against any of the following provisions (as amended) of the Crimes Act 1958 repealed on 24 March 1986 by section 8(2) of the Crimes (Amendment) Act 1985: (i) section 17 (intentionally causing grievous bodily harm or shooting, etc. with intention to do grievous bodily harm or to resist or prevent arrest);
(ii) section 35B (making demand with threat to kill or injure or endanger life);
(d)
an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraphs (a) to (c).
4. Drug offences
This clause applies to the following offences—
(a) an offence against any of the following sections of the Drugs, Poisons and Controlled Substances Act 1981: (i) section 71 (trafficking in a drug of dependence) in circumstances where the offence is committed in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that drug of dependence;
(ii) section 72 (cultivation of narcotic plants) in circumstances where the offence is committed in relation to a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant;
(iii) section 79(1) or 80(3)(a) (conspiracy) in circumstances where the conspiracy is to
Sentencing and Other Acts (Amendment) Act 1997
| s. 34 | Act No. 48/1997 |
| commit an offence against section 71 of that dependence that is not less than the commercial quantity applicable to that drug of dependence or an offence under a law in force in a place outside Victoria that is a corresponding law in relation to that section in relation to that quantity; |
(iv) section 80(1) or 80(3)(b) (aiding and abetting, etc.) in circumstances where the offence aided, abetted, counselled, procured, solicited or
incited is an offence against section 71 of that dependence that is not less than the commercial quantity applicable to that drug of dependence or an offence under a law in force in a place outside Victoria that is a corresponding law in relation to that section in relation to that quantity;
(v) section 80(4) (preparatory act) in circumstances where the offence to which the act relates is an offence under a law in force in a place outside Victoria that is a corresponding law in relation to section 71 of that Act in relation to a quantity
of a drug of dependence that is not less than the
commercial quantity applicable to that drug of
dependence;
(b) an offence against section 233B(1) of the Customs Act 1901 of the Commonwealth (narcotic goods) in the circumstances referred to in the following sections of that Act: (i) section 235(2)(c)(i) (commercial quantity);
(ii) section 235(2)(c)(ii)(A) (trafficable quantity and previous conviction involving trafficable quantity);
(iii) section 235(2)(c)(ii)(B) (trafficable quantity
and previous finding that offender had
committed offence involving trafficable
quantity without conviction recorded);(iv) section 235(2)(d)(i) (trafficable quantity of narcotic goods other than cannabis);
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997 s. 34
(c)
an offence of attempting to commit an offence referred to in paragraph (a)(i).
5. Arson offences
This clause applies to the following offences—
(a) an offence against any of the following sections of the Crimes Act 1958: (i) section 197 (destroying or damaging property) in circumstances where the offence is charged as arson;
(ii) section 197A (arson causing death);
(b) the common law offence of arson;
(c)
an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraph (a) or (b).
_______________
SCHEDULE 2
FORMS FOR USE WHERE OTHER OFFENCES TAKEN INTO
ACCOUNT IN SENTENCING
PART A
To
Charged with (1)
(2)
(3)(4)
Before the Court at
Sentencing and Other Acts (Amendment) Act 1997
| s. 34 | Act No. 48/1997 |
MEMORANDUM FOR THE ACCUSED'S INFORMATION
(1) The list on the back of this form gives particulars of other alleged offences with which you are charged.
(2)
If you are convicted on the charge(s) set out above you may, before sentence is passed, ask to be allowed to admit all or any of the other offences listed on the back of this form and to have them taken into account by the court in passing sentence on you.
(3) If at your request any of the other offences listed on the back are taken
into account by the court, then—
(a)
this does not amount to a conviction in respect of the other offences taken into account;
(b)
the sentence that may be imposed on you by the court for each offence of which you have in fact been convicted cannot exceed the maximum that might have been imposed for it if there had been no taking into account of other offences listed on the back.
(4) No further proceedings may be taken against you in respect of any
other offences taken into account at your request unless your
conviction for the offence(s) above is quashed or set aside.(5) If any proceedings are taken against you in respect of any offence that
you have asked to have taken into account your admission of that
offence cannot be used as evidence against you in those proceedings.
case.
2 Section 9.
Section 9 inserts a new section 9 into the Sentencing Act 1991 to provide the Magistrates' Court with the power to impose an aggregate sentence of imprisonment in certain circumstances. The power to impose an aggregate
sentence is founded on a proper joinder of the charges before the court. any proceedings in the Magistrates' Court, including indictable offences
(See for example the Crimes Act 1958, Rule 2, Sixth Schedule). A similar
power is contained in section 51 of the Principal Act in respect of fines.
being tried summarily.3 Section 10.
Section 10 amends section 16 of the Principal Act to deal with the sentencing of offenders who commit offences while on parole or bail.
New section 16(3B) of the Sentencing Act 1991 requires a sentence of imprisonment imposed on an offender for an offence committed while on parole to be served cumulatively on any period of imprisonment which that offender may be required to serve in custody on cancellation of the parole order, unless otherwise directed by the court because of the existence of exceptional circumstances.
In R v Kuru (1995) 78 A Crim R 447 the Victorian Court of Appeal held that an offender is not to be regarded as actually serving a sentence when released on parole. Accordingly, there was no sentence in existence upon which another sentence could be ordered to be served cumulatively. Under
the new sub-section, the court will be required to order cumulation of the
sentence unless there are exceptional circumstances.4 Section 11.
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
NOTES—continued
Section 11 amends section 18 of the Sentencing Act 1991 by extending the circumstances in which a declaration pursuant to section 18(1) may be made. Section 18 of the Sentencing Act 1991 provides a mechanism for recognising the period of time an offender has been held in custody prior to sentence, as well as for treating such terms as a period of imprisonment already served under the sentence. The aim of the amendments is to enable section 18 declarations to be made in as many cases as possible. It is no longer necessary for the time held in custody to be exclusively referable to the offence for which the offender is being sentenced before a declaration pursuant to section 18(1) of the Act is made. See, for example, the case of R v Renzella, unreported, Court of Appeal (Vic.) 6/9/1996.
Section 11(2)(a) clarifies that such declarations cannot be made in respect of intensive correction orders.
Section 11(2)(b) inserts a new sub-section (d) into section 18 to clarify that the offender should not receive a benefit for pre-sentence detention more than once for any specific period of pre-sentence custody.
Section 11(3) amends section 18(4) of the Act to remove the inconsistent
requirement referred to in R v McGrath, unreported, Court of Criminal
Appeal (Vic.) 15/9/1992. When a court imposes a sentence of
imprisonment, in circumstances in which section 18(1) of the Act applies, it
must make a declaration concerning whether any period of time is to be
reckoned as a period of imprisonment served as part of the sentence
imposed. When a sentence of imprisonment is imposed it is not normally
reduced by the amount of pre-sentence imprisonment. Therefore any
period of pre-sentence imprisonment which should be reckoned as part of
that sentence which has been served, should be declared as served.Corresponding amendments have been made to the provisions governing sentences of detention imposed on young offenders in section 35 of the
Sentencing Act 1991.
5 Section 16.
Sections 16 and 17 concern Youth Training Centre orders and Youth Residential Centre orders. These sections amend various sections of the Sentencing Act 1991 to insert consistent terminology, for example, the use of "young offender" throughout the Act. The amendments also clarify that, in sentencing a young offender, the Supreme and County courts may impose up to a maximum of 3 years detention. Section 32 has also been amended to enable the court to order detention in a Youth Residential Centre in respect of young offenders who at the time of being sentenced are under 15 years of age.
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
NOTES—continued
The amendments clarify that the provisions of the Sentencing Act 1991 are paramount when courts other than the Children’s Court are sentencing a young offender, who is defined in section 3 as being an offender who at the time of being sentenced is under the age of 21 years. For an example of the difficulties which the courts have had in interpreting the interrelationship of the provisions of the Children and Young Persons Act 1989 and the Sentencing Act 1991 when sentencing children, see the case of R v Hill
[1996] 2 VR 496.
6 Section 17: See note 5.
7 Section 40.
Section 40 inserts new section 72(1)(ab) in the Drugs, Poisons and Controlled Substances Act 1981 which provides for higher penalties for offenders convicted of cultivating a narcotic plant where the court is satisfied beyond reasonable doubt that the cultivation was in a commercial quantity. This was to address the problem raised in the Court of Appeal case of Coviello unreported, Court of Appeal (Vic.) 11/7/1995. In that case the court held that the calculation of a quantity of drug said the be in an offender's possession for "sale", (that is, trafficked), involves a deduction of the weight of plant which is not considered generally saleable, that is, roots, stalks and stems. As the definition of traffick is strictly defined and does not currently include cultivation, it is necessary for the prosecution to prove what parts of the plant are in possession "for sale". The new section 72(1)(ab) is intended to alleviate this problem.
8 Section 59.
Section 59 repeals section 568 of the Crimes Act 1958 and inserts new sub-sections (5) to (7). These amendments provide the Court of Appeal with the power to quash a sentence and remit a matter to the trial court for
sentencing if it thinks it appropriate and in the interests of justice to so. It
is expected that the exercise of this power will be exceptional. See, for
example, the comments of the Victorian Court of Appeal in the case ofWebber (1996) 86 A Crim R 361.
9 Section 60.
See section 114 of the Sentencing Act 1991 for effect of alterations in penalties.
10 Section 60.
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
NOTES—continued
TABLE INDICATING THE PREVIOUSLY PRESCRIBED
MAXIMUM PENALTY FOR AN OFFENCE AND THE NEW PRESCRIBED MAXIMUM PENALTY FOR AN OFFENCE
PREVIOUSLY
PRESCRIBED
MAXIMUM NEW PRESCRIBED
OFFENCE PENALTY MAXIMUM PENALTY Section 3 Murder Level 1 imprisonment Level 1 imprisonment (common law) (Life) (Life) Section 3A Murder Level 1 imprisonment Level 1 imprisonment (Crimes Act) (Life) (Life) Section 5 Level 3 imprisonment Level 3 imprisonment Manslaughter (15 years) (20 years) Section 6 Infanticide Level 7 imprisonment Level 6 imprisonment (5 years) (5 years) Section 6B(1A) Level 6 imprisonment Level 5 imprisonment Suicide pact (7½ years) (10 years) manslaughter Section 6B(2) Inciting, Level 7 imprisonment Level 6 imprisonment aids or abets suicide (5 years) (5 years) Section 6B(2) Being party to a suicide pact Level 8 imprisonment Level 6 imprisonment (3 years) (5 years) Section 9A(1) Treason Level 1 imprisonment Level 1 imprisonment (Life) (Life) Section 9A(2) Level 3 imprisonment Level 3 imprisonment Knowingly receiving or (15 years) (20 years) assisting a person guilty
of treasonSection 10 Child Level 5 imprisonment Level 4 imprisonment destruction (10 years) (15 years) Section 16 Causing Level 4 imprisonment Level 3 imprisonment serious injury (12½ years) (20 years) intentionally PREVIOUSLY PRESCRIBED MAXIMUM NEW PRESCRIBED OFFENCE PENALTY MAXIMUM PENALTY
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
NOTES—continued
Section 17 Causing Level 5 imprisonment Level 4 imprisonment serious injury recklessly (10 years) (15 years) Section 18 Causing Level 6 imprisonment Level 5 imprisonment injury intentionally (7½ years) (10 years) Section 18 Causing Level 7 imprisonment Level 6 imprisonment injury recklessly (5 years) (5 years) Section 19(1) Level 7 imprisonment Level 6 imprisonment Administering a (5 years) (5 years) substance to another Section 19A 25 years Level 2 imprisonment Intentionally causing a imprisonment (25 years) very serious disease Section 20 Threats to Level 7 imprisonment Level 5 imprisonment kill (5 years) (10 years) Section 21 Threats to Level 8 imprisonment Level 6 imprisonment inflict serious injury (3 years) (5 years) Section 21A Stalking Level 5 imprisonment Level 5 imprisonment (10 years) (10 years) Section 22 Conduct Level 5 imprisonment Level 5 imprisonment endangering life (10 years) (10 years) Section 23 Conduct Level 6 imprisonment Level 6 imprisonment endangering persons (7½ years) (5 years) Section 24 Negligently Level 7 imprisonment Level 6 imprisonment causing serious injury (5 years) (5 years) Section 25 Setting Level 4 imprisonment Level 4 imprisonment traps to kill (12½ years) (15 years) Section 26 Setting Level 5 imprisonment Level 5 imprisonment traps to cause serious (10 years) (10 years) injury Section 27 Extortion Level 6 imprisonment Level 4 imprisonment with threat to kill (7½ years) (15 years) PREVIOUSLY PRESCRIBED MAXIMUM NEW PRESCRIBED OFFENCE PENALTY MAXIMUM PENALTY Section 28 Extortion Level 7 imprisonment Level 5 imprisonment with threat to destroy (5 years) (10 years) property
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
NOTES—continued
Section 29 Using Level 5 imprisonment Level 5 imprisonment firearm to resist arrest or Level 5 fine (10 years) or Level 5 (10 years or 1200 fine (1200 penalty Penalty Units) units) Section 30 Level 7 imprisonment Level 6 imprisonment Threatening injury to (5 years) (5 years) prevent arrest Section 31 Assaults Level 8 imprisonment Level 6 imprisonment (3 years) (5 years) Section 32 Performing Level 4 imprisonment Level 4 imprisonment female genital (12½ years) (15 years) mutilation Section 33 Taking a Level 4 imprisonment Level 4 imprisonment person from the State to (12½ years) (15 years perform female genital
mutilationSection 38 Rape 25 years Level 2 imprisonment imprisonment (25 years) Section 39 Indecent Level 5 imprisonment Level 5 imprisonment assault (10 years) (10 years) Section 40 Assault Level 5 imprisonment Level 5 imprisonment with intent to rape (10 years) (10 years) Section 44 Incest Sub-section (1) with a Level 2 imprisonment Level 2 imprisonment child etc. (20 years) (25 years) Sub-section (2) with an Level 2 imprisonment Level 2 imprisonment under 18 child etc. of de (20 years) (25 years) facto spouse PREVIOUSLY PRESCRIBED MAXIMUM NEW PRESCRIBED OFFENCE PENALTY MAXIMUM PENALTY Sub-section (3) with Level 6 imprisonment Level 6 imprisonment father or mother etc. (7½ years) (5 years) where offender is 18 or
olderSub-section (4) with Level 6 imprisonment Level 6 imprisonment sister or brother etc. (7½ years) (5 years)
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
NOTES—continued
Section 45 Sexual Level 2 imprisonment Level 2 imprisonment penetration of child (20 years) (25 years) under 10 Section 46 Sexual penetration of child 10–16
Sub-section (1)(a) Level 3 imprisonment Level 4 imprisonment under care, supervision (15 years) (15 years) or authority Sub-section (1)(b) any Level 5 imprisonment Level 5 imprisonment other case (10 years) (10 years) Section 47 Indecent Level 5 imprisonment Level 5 imprisonment act with child under 16 (10 years) (10 years) Section 47A Sexual Maximum penalty for Level 2 imprisonment relationship with child the relevant offence (25 years) under 16 Section 48 Sexual Level 8 imprisonment Level 5 imprisonment penetration of a 16 or (3 years) (10 years) 17 year old child (under
care, supervision or
authority)Section 49 Indecent Level 8 imprisonment Level 6 imprisonment act with 16 year old (3 years) (5 years) child Section 49A Level 2 imprisonment Level 3 imprisonment Facilitating sexual (20 years) (20 years) offences against
childrenPREVIOUSLY PRESCRIBED MAXIMUM NEW PRESCRIBED OFFENCE PENALTY MAXIMUM PENALTY
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
NOTES—continued
Section 51
Sub-section (1) Sexual Level 7 imprisonment Level 5 imprisonment penetration of person (5 years) (10 years) with impaired mental
functioning by medical
or therapeutic service
providerSub-section (2) Level 8 imprisonment Level 6 imprisonment Indecent act with (3 years) (5 years) person with impaired mental functioning by medical or therapeutic service provider
Section 52 Sub-section (1) Sexual Level 7 imprisonment Level 5 imprisonment penetration by worker (5 years) (10 years) of resident in residential
facilitiesSub-section (2) Level 8 imprisonment Level 6 imprisonment Indecent act by worker (3 years) (5 years) of resident in residential
facilitiesSection 53 Level 5 imprisonment Level 5 imprisonment Administering drug for (10 years) (10 years) sexual penetration Section 54 Occupier, etc. inducing or knowingly allowing unlawful sexual penetration (a) where child is aged Level 5 imprisonment Level 4 imprisonment under 13 (b) where child is aged
(10 years)
(15 years)
Level 7 imprisonment Level 5 imprisonment between 13–17 (5 years) (10 years) PREVIOUSLY PRESCRIBED MAXIMUM NEW PRESCRIBED OFFENCE PENALTY MAXIMUM PENALTY
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
NOTES—continued
Section 55 Abduction Level 5 imprisonment Level 5 imprisonment or detention for sexual (10 years) (10 years) penetration Section 56 Abduction Level 6 imprisonment Level 6 imprisonment of child under 16 for (7½ years) (5 years) sexual penetration Section 57 Sub-section (1) Level 6 imprisonment Level 5 imprisonment Procuring sexual (7½ years) (10 years) penetration by threats or
intimidationSub-section (2) Level 7 imprisonment Level 6 imprisonment Procuring sexual (5 years) (5 years) penetration by fraud Section 58 Procuring Level 7 imprisonment Level 6 imprisonment sexual penetration of (5 years) (5 years) child under 16 Section 59 Bestiality Level 7 imprisonment Level 6 imprisonment (5 years) (5 years) Section 60 Soliciting Level 10 Level 8 imprisonment acts of sexual imprisonment or (1 year) or Level 11 penetration or indecent Level 10 fine (1 year fine (60 Penalty Units) acts or 120 Penalty Units) Section 60A Sexual Level 8 imprisonment Level 7 imprisonment offence while armed (3 years) (2 years) with an offensive
weapon60B Loitering near Level 10 Level 8 imprisonment schools etc. imprisonment or (1 year) Level 11 fine (1 year or 60 Penalty Units)
Section 63 Sub-section(1) Child Level 6 imprisonment Level 6 imprisonment stealing (7½ years) (5 years) PREVIOUSLY PRESCRIBED MAXIMUM NEW PRESCRIBED OFFENCE PENALTY MAXIMUM PENALTY
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
NOTES—continued
Sub-section (2) Takes, Level 7 imprisonment Level 6 imprisonment decoys or entices away (5 years) (5 years) a child Section 63A Level 2 imprisonment Level 2 imprisonment Kidnapping (20 years) (25 years) Section 64 Bigamy Level 7 imprisonment Level 6 imprisonment (5 years) (5 years) Section 65 Abortion Level 6 imprisonment Level 5 imprisonment (attempt to procure) (7½ years) (10 years) Section 66 Supplying Level 8 imprisonment Level 6 imprisonment or procuring anything (3 years) (5 years) to be employed in
abortionSection 67 Concealing Level 11 6 months birth of a child imprisonment
(6 months)Section 68 Production Level 9 imprisonment Level 5 imprisonment of child pornography (2 years) (10 years) Section 69 Procuring Level 7 imprisonment Level 5 imprisonment of minor for child (5 years) (10 years) pornography Section 70 Possession Level 10 Level 7 imprisonment of child pornography imprisonment (1 year) (2 years) Section 70A Piracy Level 3 imprisonment Level 3 imprisonment with violence (15 years) (20 years) Section 70B Piratical Level 1 imprisonment Level 3 imprisonment acts (Life) (20 years) Section 70C Trading Level 5 imprisonment Level 5 imprisonment etc. with pirates (10 years) (10 years) Section 70D Being Level 11 Level 6 imprisonment found on board piratical imprisonment (5 years) vessel and unable to (6 months) prove non-complicity Section 74 Theft Level 5 imprisonment Level 5 imprisonment (10 years) (10 years) PREVIOUSLY PRESCRIBED MAXIMUM NEW PRESCRIBED OFFENCE PENALTY MAXIMUM PENALTY
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
NOTES—continued
Section 75 Robbery Level 4 imprisonment Level 4 imprisonment (12½ years) (15 years) Section 75A Armed Level 2 imprisonment Level 2 imprisonment robbery (20 years) (25 years) Section 76 Burglary Level 4 imprisonment Level 5 imprisonment (12½ years) (10 years) Section 77 Aggravated Level 3 imprisonment Level 2 imprisonment burglary (15 years) (25 years) Section 78 Removal of Level 7 imprisonment Level 6 imprisonment articles from places (5 years) (5 years) open to the public Section 80(1) Level 4 imprisonment Level 4 imprisonment Unlawfully taking (12½ years) (15 years) control of an aircraft Sub-section (2) where Level 3 imprisonment Level 3 imprisonment force or violence etc. is (15 years) (20 years) used Section 81 Obtaining Level 5 imprisonment Level 5 imprisonment property by deception (10 years) (10 years) Section 82 Obtaining Level 5 imprisonment Level 5 imprisonment financial advantage by (10 years) (10 years) deception Section 83 False Level 6 imprisonment Level 5 imprisonment accounting (7½ years) (10 years) Section 83A Falsification of documents Sub-section (1)–(5B) Level 6 imprisonment Level 5 imprisonment (7½ years) (10 years) Sub-section (5C) Level 9 imprisonment Level 6 imprisonment (2 years) (5 years) Section 85 False Level 6 imprisonment Level 5 imprisonment statements by company (7½ years) (10 years) directors etc. PREVIOUSLY PRESCRIBED MAXIMUM NEW PRESCRIBED OFFENCE PENALTY MAXIMUM PENALTY
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
NOTES—continued
Section 86 Level 6 imprisonment Level 5 imprisonment Suppression etc. of (7½ years) (10 years) documents Section 87 Blackmail Level 4 imprisonment Level 4 imprisonment (12½ years) (15 years) Section 88 Handling Level 5 imprisonment Level 4 imprisonment stolen goods (10 years) (15 years) Section 89 Advertising Level 13 fine Level 13 fine rewards for return of (5 Penalty Units) (5 Penalty Units) goods stolen or lost Section 91 Going Level 8 imprisonment Level 7 imprisonment equipped for stealing (3 years) (2 years) etc. Section 176 Receipt or solicitation of secret commission by an agent
• corporation Level 5 fine Level 5 fine (1200 Penalty Units) (1200 Penalty Units) • person Level 5 imprisonment Level 5 imprisonment and/or Level 5 fine (10 years) and/or (10 years and/or 1200 Level 5 fine (1200 Penalty Units) Penalty Units) Section 178 Giving or
receiving false or
misleading receipt oraccount
• corporation Level 5 fine Level 5 fine (1200 (1200 Penalty Units) Penalty Units) • person Level 5 imprisonment Level 5 imprisonment and/or Level 5 fine (10 years) and/or (10 years and/or 1200 Level 5 fine Penalty Units) (1200 Penalty Units) PREVIOUSLY PRESCRIBED MAXIMUM NEW PRESCRIBED
OFFENCE PENALTY MAXIMUM PENALTY
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
NOTES—continued
Section 179 Gift or
receipt of secret
commission in returnfor advice given
• corporation Level 5 fine Level 5 fine (1200 (1200 Penalty Units) Penalty Units) • person Level 5 imprisonment Level 5 imprisonment and/or Level 5 fine (10 years) and/or (10 years and/or 1200 Level 5 fine Penalty Units) (1200 Penalty Units) Section 180 Secret
commission to trustee
in return for substitutedappointment
• corporation Level 5 fine corporation; level 5 (1200 Penalty Units) fine (1200 Penalty Units) • other person Level 5 imprisonment person; and/or Level 5 fine Level 5 imprisonment (10 years and/or 1200 (10 years) and/or Penalty Units) level 5 fine
(1200 Penalty Units)Section 181 Aiding and abetting offences within or outside
Victoria
• corporation Level 5 fine Level 5 fine (1200 (1200 Penalty Units) Penalty Units) • other person Level 5 imprisonment Level 5 imprisonment and/or Level 5 fine (10 years) and/or (10 years and/or 1200 Level 5 fine Penalty Units) (1200 Penalty Units) PREVIOUSLY PRESCRIBED MAXIMUM NEW PRESCRIBED
OFFENCE PENALTY MAXIMUM PENALTY
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
NOTES—continued
Section 182 Liability of directors etc. acting without authority
• corporation Level 5 fine Level 5 fine (1200 (1200 Penalty Units) Penalty Units) Level 5 imprisonment Level 5 imprisonment • other person and/or Level 5 fine (10 years) and/or (10 years and/or 1200 level 5 fine (1200 Penalty Units) Penalty Units)
Section 191(1) Level 5 imprisonment Level 4 imprisonment Fraudulently inducing (10 years) (15 years) persons to invest money Section 197 Destroying or damaging property Sub-section (1) Level 6 imprisonment Level 5 imprisonment damaging property (7½ years) (10 years) Sub-section (2) Level 4 imprisonment Level 4 imprisonment damaging property (12½ years) (15 years) intending to endanger
another’s lifeSub-section (3) Level 5 imprisonment Level 5 imprisonment damaging property for (10 years) (10 years) gain Sub-section (7) Arson Level 4 imprisonment Level 4 imprisonment (12½ years) (15 years) Section 197A Arson not applicable Level 2 imprisonment causing death (25 years) Section 198 Threats to Level 7 imprisonment Level 6 imprisonment destroy or damage (5 years) (5 years) property PREVIOUSLY PRESCRIBED MAXIMUM NEW PRESCRIBED OFFENCE PENALTY MAXIMUM PENALTY
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
NOTES—continued
Section 199 Level 8 imprisonment Level 6 imprisonment Possessing anything (3 years) (5 years) with intent to destroy or
damage propertySection 206 Rioters demolishing buildings Sub-section (1)
Level 6 imprisonment
Level 4 imprisonment
(7½ years) (15 years) Sub-section (2) Level 7 imprisonment Level 6 imprisonment (5 years) (5 years) Section 207 Forcible Level 10 Level 8 imprisonment entry imprisonment and/or (1 year) Level 10 fine
(1 year and/or 120
Penalty Units)Section 225 Level 6 imprisonment Level 6 imprisonment Conveying water into a (7½ years) (5 years) mine Section 228 Removing Level 6 imprisonment Level 6 imprisonment etc. piles of sea banks (7½ years) (5 years) Section 232 Placing Level 6 imprisonment Level 5 imprisonment things on railways to (7½ years) (10 years) obstruct or overturn
engine etc.Section 233 Level 9 imprisonment Level 7 imprisonment 2 Obstructing engine, (2 years) years carriage etc. on railway Section 244 Altering Level 6 imprisonment Level 5 imprisonment signals or exhibiting (7½ years) (10 years) false ones Section 245 Removing Level 8 imprisonment Level 6 imprisonment buoy etc (3 years) (5 years) Section 246A Level 5 imprisonment Level 4 imprisonment Endangering safe (10 years) (15 years) operation of an aircraft PREVIOUSLY PRESCRIBED MAXIMUM NEW PRESCRIBED OFFENCE PENALTY MAXIMUM PENALTY
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
NOTES—continued
Section 246B Setting Level 6 imprisonment Level 4 imprisonment fire etc. to aircraft (7½ years) (15 years) Section 246C Level 7 imprisonment Level 5 imprisonment Endangering safety of (5 years) (10 years) aircraft Section 246D (1) Level 7 imprisonment Level 6 imprisonment Dangerous goods on (5 years) (5 years) aircraft Section 246E Threats Level 7 imprisonment Level 6 imprisonment to safety of aircraft (5 years) (5 years) Section 247 False Level 9 imprisonment Level 6 imprisonment statements (2 years) (5 years) Section 248 sub- Level 5 imprisonment Level 5 imprisonment sections (1)–(3) and/or Level 5 fine (10 years) Contamination of goods (10 years and/or 1200
Penalty Units)Section 314 Perjury Level 4 imprisonment Level 4 imprisonment (12½ years) (15 years) Section 316(1) Level 7 imprisonment Level 5 imprisonment Unlawful oaths to (5 years) (10 years) commit treason, murder etc. 316(2) Unlawful oaths Level 8 imprisonment Level 6 imprisonment for other offences (3 years) (5 years) Section 317 Offences connected with explosive substances Sub-section (2) Level 4 imprisonment Level 4 imprisonment (12½ years) (15 years) Sub-section (3) Level 5 imprisonment Level 5 imprisonment (10 years) (10 years) Sub-section (4) Level 7 imprisonment Level 6 imprisonment (5 years) (5 years) PREVIOUSLY PRESCRIBED MAXIMUM NEW PRESCRIBED OFFENCE PENALTY MAXIMUM PENALTY
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
NOTES—continued
Section 317A Bomb Level 7 imprisonment Level 6 imprisonment hoaxes and/or Level 7 fine (5 years) (5 years and/or 600
Penalty Units)Section 318 Culpable Level 3 imprisonment Level 3 imprisonment driving causing death and/or Level 3 fine (20 years) (15 years and/or 1800
Penalty Units)321C Penalties for conspiracy; Sub-section (1)(a) to Liable to the Liable to the maximum commit an offence with maximum prescribed prescribed for the a prescribed maximum for the substantive substantive offence offence Sub-section (1)(b) to Level 5 imprisonment Level 4 imprisonment commit an offence (10 years) (15 years) (for common where the penalty is
imprisonment for a term
the maximum length of
which is not prescribedlaw offences) Sub-section (1)(ba) to commit murder or Level 1 imprisonment Level 1 imprisonment treason or piratical acts (Life) (Life) Sub-section (1)(d) to commit a summary Level 8 imprisonment Level 6 imprisonment offence (3 years) (5 years) Sub-section (2) to commit an offence against a law in force
only in a place outside
Victoria—PREVIOUSLY PRESCRIBED MAXIMUM NEW PRESCRIBED OFFENCE PENALTY MAXIMUM PENALTY
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
NOTES—continued
(a) punishable by a Level 7 imprisonment Liable to the maximum term of (5 years) prescribed as if the imprisonment conspiracy was to commit an offence against the laws of Victoria (b) in any other case Level 7 fine Level 7 fine (600 Penalty Units) (600 Penalty Units) Section 321I Penalties
for incitementSub-section (1)(a) to Liable to the Liable to the maximum commit an offence with maximum prescribed prescribed for the a prescribed maximum for the offence substantive offence Sub-section (1)(b) to Level 7 imprisonment Level 4 imprisonment commit an offence (5 years) (15 years) where the penalty is
imprisonment for a term
the maximum length of
which is not prescribedSub-section (1)(ba) to commit murder or Level 1 imprisonment Life treason or piratical acts (Life) Sub-section (1)(d) to commit a summary Level 8 imprisonment Level 6 imprisonment offence (3 years) (5 years) Sub-section (2) to commit an offence against a law in force
only in a place outside
Victoria—PREVIOUSLY PRESCRIBED MAXIMUM NEW PRESCRIBED OFFENCE PENALTY MAXIMUM PENALTY
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
NOTES—continued
(a) punishable by a Level 7 imprisonment Liable to the maximum term of (5 years) prescribed as if the imprisonment incitement was to commit an offence against the laws of Victoria (b) in any other case Level 7 fine Level 7 fine (600 Penalty Units) (600 Penalty Units) Section 321P Penalties See item 94 of Schedule for attempt 1 Section 325 Sub-section (4)(a) Level 2 imprisonment Level 3 imprisonment where the principal (20 years) (20 years) offence is punishable by
Level 1 imprisonmentSub-section (4)(b) in imprisonment for a imprisonment for a term any other case term not more than 60 not more than 60 months nor more than months nor more than ½ the length of the ½ the length of the longest term which longest term which may may be imposed on be imposed on first first conviction for the conviction for the principal offence principal offence Section 326 Level 10 Level 8 imprisonment Concealing offences for imprisonment (1 year) (1 year) benefit Section 343 Obstruction Level 11 fine Level 11 fine Section 357(3) Failing 5 Penalty Units 5 Penalty Units or refusing to comply
with a warrant to
discharge a person from
imprisonmentSection 415(1A) Issue Level 13 fine Level 13 fine of warrant when (5 Penalty Units) (5 Penalty Units) witness does not appear PREVIOUSLY PRESCRIBED MAXIMUM NEW PRESCRIBED OFFENCE PENALTY MAXIMUM PENALTY
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
NOTES—continued
443A Failing to Level 12 fine (10 Level 12 fine (10 comply with an penalty units) penalty units) undertaking to the Director of Public Prosecutions
456AA Requirement Level 13 fine Level 13 fine to give name and ( 5 penalty units) ( 5 penalty units) address 456E Offence by an Level 10 fine Level 10 fine employee or member of (1200 penalty units) (1200 penalty units) a law enforcement
agency464O Destruction of Level 12 fine Level 12 fine records (10 penalty units) (10 penalty units) 464ZG Destruction of Level 10 Level 10 imprisonment identifying information imprisonment or or Level 10 fine Level 10 fine Section 479A Level 5 imprisonment Level 5 imprisonment Rescuing of a prisoner (10 years) (10 years) from lawful custody Section 479B Aiding a Level 7 imprisonment Level 6 imprisonment prisoner in escaping (5 years) (5 years) Section 479C Escape Level 7 imprisonment Level 6 imprisonment and related offences (5 years) (5 years)
Maximum penalties introduced for common law offences for which no
statutory maximum penalty had previously been fixed
PRESCRIBED MAXIMUM
OFFENCE PENALTY Affray Level 6 imprisonment (5 years) Attempting to pervert the course Level 2 imprisonment (25 years) of justice Breach of Prison Level 6 imprisonment (5 years) Bribery of Public official Level 5 imprisonment (10 years) PRESCRIBED MAXIMUM OFFENCE PENALTY Common assault Level 6 imprisonment (5 years) Conspiracy to cheat and defraud Level 4 imprisonment (15 years) Conspiracy to defraud Level 4 imprisonment (15 years)
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
NOTES—continued
Criminal defamation Level 5 imprisonment (10 years) Embracery Level 4 imprisonment (15 years) False imprisonment Level 5 imprisonment (10 years) Kidnapping Level 2 imprisonment (25 years) Misconduct in public office Level 5 imprisonment (10 years) Perverting the course of justice Level 2 imprisonment (25 years) Public Nuisance Level 6 imprisonment (5 years) Riot Level 5 imprisonment (10 years) Rout Level 6 imprisonment (5 years) Unlawful assembly Level 6 imprisonment (5 years)
Amendments to the maximum penalties of other Acts
PREVIOUSLY
PRESCRIBED NEW PRESCRIBED MAXIMUM MAXIMUM
OFFENCE PENALTY PENALTY Crimes (Confiscation of Profits) Act 1986 Section 41Q Money 10 years imprisonment Level 3 imprisonment laundering (20 years) Drugs, Poisons and Controlled Substances Act 1981 Section 71 Trafficking in a drug of dependence— (a) commercial 25 years imprisonment Level 2 imprisonment quantity and not more than 2500 (25 years) and not more penalty units than 2500 penalty units PREVIOUSLY PRESCRIBED NEW PRESCRIBED MAXIMUM MAXIMUM OFFENCE PENALTY PENALTY (b) any other case 15 years imprisonment Level 4 imprisonment and/or 1000 penalty (15 years) and/or 1000 units penalty units
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
NOTES—continued
Section 72
Cultivation of a
narcotic plant
(a) not for any 1 year imprisonment Level 8 imprisonment purpose related to and/or 20 penalty units (1 year) and/or
trafficking) (b) any other case
20 penalty units
15 years imprisonment Level 4 imprisonment and/or 1000 penalty (15 years) and/or 1000 units penalty units
Section 73
Possession of a drug
of dependence
(a) small quantity 5 penalty units 5 penalty units (b) not for a purpose 1 year imprisonment Level 8 imprisonment related to and/or 30 penalty units (1 year) and/or
trafficking (c) any other case
30 penalty units
5 years imprisonment Level 6 imprisonment and/or 400 penalty units (5 years) and/or
400 penalty units
Section 78 same penalty and same penalty and Conspiring punishment as if the punishment as if the offender committed the offender committed the offence offence Legal Practice Act 1996 Section 188 Solicitor 10 years imprisonment Level 4 imprisonment defalcation (15 years) Section 263 3 years imprisonment Level 6 imprisonment Improperly destroying (5 years) property PREVIOUSLY PRESCRIBED NEW PRESCRIBED MAXIMUM MAXIMUM OFFENCE PENALTY PENALTY Prisoners (Interstate Transfer) Act 1983 Section 33 (1) Escape 7 years imprisonment Level 6 imprisonment from custody (5 years)
Sentencing and Other Acts (Amendment) Act 1997
Act No. 48/1997
NOTES—continued
Prostitution Control
Act 1994
Section 5 Causing or7 years imprisonment Level 5 imprisonment inducing child to take (10 years) part in prostitution Section 6 Obtaining 7 years imprisonment Level 4 imprisonment payment for sexual (15 years) services provided by a
childSection 7 Agreement 7 years imprisonment Level 4 imprisonment for provision of sexual (15 years) services by a child Section 8 Forcing 7 years imprisonment Level 5 imprisonment person into or to (10 years) remain in prostitution Section 9 Forcing 7 years imprisonment Level 5 imprisonment person to provide (10 years) financial support out
of prostitutionSection 10 Living on 4 years imprisonment Level 6 imprisonment earnings of prostitute (5 years) Section 11 Allowing 4 years imprisonment Level 5 imprisonment child to take part in (10 years) prostitution Section 22(1) and (3) 3 years imprisonment Level 6 imprisonment Prostitution service and/or 360 penalty units (5 years) and/or providers to be 360 penalty units licensed 11 Part 7: See note 10. 12 Part 8: See note 10.
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