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Act index » Part I - Offences » Division 10 - Conspiracy
321C Penalties for conspiracy
(1)Where a person is convicted under section 321 of conspiracy to commit an offence or offences against a law or laws in force in Victoria— as the court determines; whichever is the greater.
S. 321C(1) (ba)(i) amended by No. 48/1997 s. 60(1)(Sch. 1 item 90(b)(ii)).S. 321C(1) (d)(i) substituted by Nos 49/1991 s. 119(1) (Sch. 2 item 62(b)(ii)), 48/1997 s. 60(1)(Sch. 1 item 90(c)(i)).S. 321C(1) (d)(ii) substituted by No. 49/1991 s. 119(1) (Sch. 2 item 62(b)(iii)).
(a)if the penalty for the relevant offence is fixed by law, the person shall be liable to a penalty not exceeding the penalty for the relevant offence;
S. 321C(2)(a) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 62(c)(i)), 48/1997 s. 60(1)(Sch. 1 item 91).
(b)if the relevant offence, or any of the relevant offences, is an offence for which the penalty is imprisonment for a term the maximum length of which is not prescribed by law, the person shall be liable to level 4 imprisonment (15 years maximum);
S. 321C(1)(b) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 62(a)), 48/1997 s. 60(1)(Sch. 1 item 90(a)).S. 321C(2)(b) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 62(c)(ii)), 69/1997 s. 22(8).
(ba)despite paragraph (b), if the relevant offence, or any of the relevant offences, is murder or treason, the person is liable to—
S. 321C(1)(ba) inserted by No. 41/1993 s. 22(a), amended by No. 48/1997 s. 60(1)(Sch. 1 item 90(b)(i)).
(i)level 1 imprisonment (life); or
(ii)imprisonment for such other term as is fixed by the court—
(c)subject to paragraphs (a), (b), (ba) and (d), if the relevant offence, or any of the relevant offences, is an offence for which a maximum penalty is prescribed by law, the person shall be liable to a penalty not exceeding that maximum penalty or the accumulated maximum penalties, as the case may be; or
(d)if the relevant offence, or each of the relevant offences, may be heard and determined only in the Magistrates' Court, the person shall be liable to—
S. 321C(1)(d) amended by Nos 57/1989 s. 3(Sch. item 42.17), 49/1991 s. 119(1) (Sch. 2 item 62(b)(i)), 68/2009 s. 97(Sch. item 40.16).
(i)level 6 imprisonment (5 years maximum); or
(ii)imprisonment for a term not exceeding the maximum term of imprisonment (if any) prescribed in respect of the relevant offence or the greatest of the maximum terms prescribed in respect of any of the relevant offences, as the case requires—
(2)Where a person is convicted under section 321 of conspiracy to commit an offence or offences against a law or laws in force only in a place outside Victoria—
(a)the person shall, if the relevant offence, or any of the relevant offences, is punishable by a term of imprisonment, be liable to a term of imprisonment not exceeding the maximum term of imprisonment prescribed in respect of the relevant offence; and
(b)the person shall, in any other case, be liable to a level 6 fine (600 penalty units maximum).