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Act index » Part I - Offences » Division 12 - Attempts
321P Penalties for attempt
(1)A person convicted of attempting to commit an offence is liable—
S. 321P(1) substituted by No. 49/1991 s. 119(1) (Sch. 2 item 64).
(a)if the penalty for the relevant offence is set out by reference to an expression specified in column 1 of the Table, to the penalty set out opposite it in column 2 of the Table: TABLE Column 1 Column 2 Level 1 imprisonment Level 2 imprisonment (life) (25 years maximum) Level 2 imprisonment Level 3 imprisonment (25 years maximum) (20 years maximum) Column 1 Column 2 Level 2 fine Level 3 fine (3000 penalty units (2400 penalty units maximum) maximum) Level 3 imprisonment Level 4 imprisonment (20 years maximum) (15 years maximum) Level 3 fine Level 4 fine (2400 penalty units (1800 penalty units maximum) maximum) Level 4 imprisonment Level 5 imprisonment (15 years maximum) (10 years maximum) Level 4 fine Level 5 fine (1800 penalty units (1200 penalty units maximum) maximum) Level 5 imprisonment Level 6 imprisonment (10 years maximum) (5 years maximum) Level 5 fine Level 6 fine (1200 penalty units (600 penalty units maximum) maximum) Level 6 imprisonment Level 7 imprisonment (5 years maximum) (2 years maximum) Level 6 fine (600 Level 7 fine penalty units maximum) (240 penalty units maximum) Level 7 imprisonment Level 8 imprisonment (2 years maximum) (1 year maximum) Level 7 fine (240 Level 8 fine penalty units maximum) (120 penalty units maximum) Level 8 imprisonment Level 9 imprisonment (1 year maximum) (6 months maximum) Level 8 fine (120 Level 9 fine penalty units maximum) (60 penalty units maximum) Level 9 imprisonment Level 10 fine (6 months maximum) (10 penalty units maximum) Level 9 fine (60 penalty Level 10 fine units maximum) (10 penalty units maximum) Column 1 Column 2 Level 10 fine (10 Level 11 fine penalty units maximum) (5 penalty units maximum) Level 11 fine (5 penalty Level 12 fine units maximum) (1 penalty unit maximum) Level 12 fine (1 penalty Level 12 fine unit maximum) (1 penalty unit maximum)
S. 321P(1)(a) Table substituted by Nos 48/1997 s. 60(1)(Sch. 1 item 94(a)), 69/1997 s. 23.
(b)if the penalty for the relevant offence is not set out by reference to an expression specified in column 1 of the Table in paragraph (a), to a penalty not exceeding 60% of the maximum penalty fixed or prescribed by law for the relevant offence; or
(c)if the maximum penalty for the relevant offence is not fixed or prescribed by law, to level 6 imprisonment (5 years maximum).
S. 321P(1)(c) amended by No. 48/1997 s. 60(1)(Sch. 1 item 94(b)).
(1A)For the avoidance of doubt, it is declared that if a person is convicted of attempting to commit murder or treason, the person is liable to level 2 imprisonment (25 years maximum).
S. 321P(1A) inserted by No. 41/1993 s. 24, amended by No. 48/1997 s. 60(1)(Sch. 1 item 95(a)(b)).
(2)A person convicted under this Division of attempting to commit an offence for which, under another enactment, a penalty is provided that is lower than that provided under subsection (1), the person is liable only to that lower penalty.
(3)In this section, a reference to a maximum penalty includes, in relation to an offence against the law of a place outside Victoria, a reference to a maximum penalty (not exceeding life imprisonment) fixed or prescribed by a law of that place and, if a maximum penalty so fixed or prescribed exceeds life imprisonment, is a reference to life imprisonment.