Endnotes

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Legislative Assembly: 19 March 1991

Legislative Council: 30 May 1991

The long title for the Bill for this Act was "A Bill to revise and restate the sentencing powers of courts, to provide sentencing principles to be applied by courts in sentencing offenders, to repeal the Penalties and Sentences Act 1985, to vary the penalties that may be imposed in respect of offences under the Crimes Act 1958, to make consequential amendments to various Acts and for other purposes.".

The Sentencing Act 1991 was assented to on 25 June 1991 and came into operation on 22 April 1992: Government Gazette 15 April 1992 page 898.

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E).

This publication incorporates amendments made to the Sentencing Act 1991 by Acts and subordinate instruments.

Section 5 of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 (repealed) inserted two new guidelines into section 5 of the Sentencing Act 1991.

Section 5(2AA)(a) is declaratory of the common law position that the court must not have regard in sentencing an offender to 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. Such executive action would include any action which the Adult Parole Board might take in respect of a sentence.

Section 5(2AA)(b) directs the court, when considering sentencing an offender, not to have regard to any sentencing practices which arose out of the application of section 10 of the Sentencing Act 1991.

"When sentencing an offender to a term of imprisonment a court must consider whether the sentence it proposes would result in the offender spending more time in custody, only because of the abolition of remission entitlements by section 3(1) of the Corrections (Remissions) Act 1991, than he or she would have spent had he or she been sentenced before the commencement of that section for a similar offence in similar circumstances."

If section 10(1) applied, section 10(2) required the court to reduce the sentence it would otherwise have passed by one third. Section 10 of the Sentencing Act 1991 sunsetted on 22 April 1997. The sunset clause was in the following terms:

"It is intended that the expiry of this section will not of itself have any effect on sentencing practices and that after the expiry a court will, as required by section 5(2)(b), have regard to sentencing practices current immediately before then as if this section had not expired." In R v Boucher [1995] 1 VR 110, section 10 was interpreted to apply only to offences where the maximum penalty had remained unaltered by the Sentencing Act 1991. The court took the view that Parliament had already taken into account the abolition of remissions when formulating the new penalties. This led to inconsistent and anomalous sentencing practices, which had the effect of distorting the scale of effective maximum penalties.

Section 5(2AA)(b) requires the court to disregard any sentencing practices which developed from the application of section 10 of the Sentencing Act 1991. This is intended to include the principles expressed in Boucher's case.

2 S. 5(2E): Section 29 of the Constitution (Court of Appeal) Act 1994, No. 109/1994 reads as follows:

29 Proceedings before Full Court

(1) The Constitution Act 1975, the Supreme Court Act 1986 and the Crimes Act 1958 and any other Act amended by this Act as respectively in force immediately before the commencement of this section continue to apply, despite the enactment of this Act, to a proceeding the hearing of which by the Full Court of the Supreme Court commenced before the commencement of this section.

(2) If the Court of Appeal so orders, anything required to be done by the Supreme Court in relation to or as a consequence of a proceeding after the Full Court has delivered judgment in that proceeding, may be done by the Court of Appeal.

Section 9 of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 (repealed) inserted 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. (See for example the Crimes Act 1958, Rule 2, Sixth Schedule (repealed)). A similar power is contained in section 51 of the Sentencing Act 1991 in respect of fines. The power is not limited to sentencing for summary offences, but applies to any proceedings in the Magistrates' Court, including indictable offences being tried summarily.

4 S. 10 (expired): Section 10 was in operation from 22 April 1992 until 22 April 1997. Section 10, as in force before 22 April 1997, read as follows:

10 Court must take abolition of remissions into account

(1) When sentencing an offender to a term of imprisonment a court must consider whether the sentence it proposes would result in the offender spending more time in custody, only because of the abolition of remission entitlements by section 3(1) of the Corrections (Remissions) Act 1991, than he or she would have spent had he or she been sentenced before the commencement of that section for a similar offence in similar circumstances.

(2) If the court considers that the sentence it proposes would have the result referred to in subsection (1) it must reduce the proposed sentence in accordance with subsection (3).

(3) In applying this section a court—

(a) must assume that an offender sentenced before the commencement of section 3(1) of the Corrections (Remissions) Act 1991 would have been entitled to maximum remission entitlements; and

(b) must not reduce a sentence by more than is necessary to ensure that the actual time spent in custody by an offender sentenced after that commencement is not greater, only because of the abolition of remissions, that it would have been if the offender had been sentenced before that commencement for a similar offence in similar circumstances.

(4) For the purposes of this section—

(a) remission entitlements are entitlements to remission under section 60 of the Corrections Act 1986 or regulation 97 of the Corrections Regulations 1988; and

(b) term of imprisonment includes—

(i) a term that is suspended wholly or partly; and

(ii) any non-parole period fixed in respect of the term.

S. 10(4A) inserted by No. 41/1993 s. 6.

(4A) This section does not apply to the Supreme Court or the County Court when sentencing a serious sexual offender for a sexual offence or a violent offence or a serious violent offender for a serious violent offence.

(5) This section expires on the fifth anniversary of the day on which it comes into operation.

(6) It is intended that the expiry of this section will not of itself have any effect on sentencing practices and that after the expiry a court will, as required by section 5(2)(b), have regard to sentencing practices current immediately before then as if this section had not expired.

Sections 16 and 17 of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 (repealed) concerned Youth Training Centre orders and Youth Residential Centre orders. These sections amended various sections of the Sentencing Act 1991 to insert consistent terminology, for example, the use of "young offender" throughout the Act. The amendments also clarified 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.

The amendments clarified 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 (repealed) and the Sentencing Act 1991 when sentencing children, see the case of R v Hill [1996] 2 VR 496.

Section 10 of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 (repealed) amended 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 subsection, the court will be required to order cumulation of the sentence unless there are exceptional circumstances.

7 S. 16(1A)(e): The amendment proposed by section 17(1) of the Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017, No. 65/2017 (repealed) is not included in this publication because the word "offence." does not appear in section 16(1A)(e). Section 17(1) reads as follows:

17 Sentences—whether concurrent or cumulative

(1) In section 16(1A)(e) of the Sentencing Act 1991, for "offence." substitute "offence; or".

8 S. 16(1A)(e): See note 6.

9 S. 16(3B): See note 6.

10 S. 16(3C): See note 6.

11 S. 17: See note 5.

Section 11 of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 (repealed) amended 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 was 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) clarified that such declarations cannot be made in respect of intensive correction orders.

Section 11(2)(b) inserted a new subsection (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) amended 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.

13 S. 18O: See note 2.

14 S. 32: See note 5.

15 S. 33: See note 5.

16 S. 34: See note 5.

17 S. 35: See note 5.

18 S. 35: See note 12.

19 S. 114: The following Table sets out the alterations in the maximum penalties for offences under the Crimes Act 1958, No. 6231/1958. The alterations were made by section 60 (Schedule 1) of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 (repealed) and came into operation on 1 September 1997:

TABLE INDICATING THE PREVIOUSLY PRESCRIBED MAXIMUM PENALTY FOR AN OFFENCE AND THE NEW PRESCRIBED MAXIMUM PENALTY FOR AN OFFENCE

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 Level 8 imprisonment Level 6 imprisonment party to a suicide pact (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 treason

Section 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

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)

Section 28 Extortion Level 7 imprisonment Level 5 imprisonment with threat to destroy (5 years) (10 years) property

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 fine (1200 penalty 1200 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 mutilation

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 Subsection (1) with a Level 2 imprisonment Level 2 imprisonment child etc. (20 years) (25 years)

Subsection (2) with an Level 2 imprisonment Level 2 imprisonment under 18 child etc. of de (20 years) (25 years) facto spouse

Subsection (3) with Level 6 imprisonment Level 6 imprisonment father or mother etc. (7½ years) (5 years) where offender is 18 or older

Subsection (4) with Level 6 imprisonment Level 6 imprisonment sister or brother etc. (7½ years) (5 years)

Section 45 Sexual Level 2 imprisonment Level 2 imprisonment penetration of child (20 years) (25 years) under 10

Subsection (1)(a) under Level 3 imprisonment Level 4 imprisonment care, supervision or (15 years) (15 years) authority

Subsection (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 children

Section 51 Subsection (1) Sexual Level 7 imprisonment Level 5 imprisonment penetration of person (5 years) (10 years) with impaired mental functioning by medical or therapeutic service provider

Subsection (2) Indecent Level 8 imprisonment Level 6 imprisonment act with person with (3 years) (5 years) impaired mental functioning by medical or therapeutic service provider

Section 52 Subsection (1) Sexual Level 7 imprisonment Level 5 imprisonment penetration by worker (5 years) (10 years) of resident in residential facilities

Subsection (2) Indecent Level 8 imprisonment Level 6 imprisonment act by worker of (3 years) (5 years) resident in residential facilities

Section 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 (10 years) (15 years)

(b) where child is aged Level 7 imprisonment Level 5 imprisonment between 13–17 (5 years) (10 years)

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 Subsection (1) Level 6 imprisonment Level 5 imprisonment Procuring sexual (7½ years) (10 years) penetration by threats or intimidation

Subsection (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 fine penetration or indecent Level 10 fine (1 year (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 weapon

60B Loitering near Level 10 Level 8 imprisonment schools etc. imprisonment or (1 year) Level 11 fine (1 year or 60 Penalty Units)

Section 63 Subsection (1) Child Level 6 imprisonment Level 6 imprisonment stealing (7½ years) (5 years)

Subsection (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 to (3 years) (5 years) be employed in abortion

Section 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)

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

Subsection (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 Subsection (1)–(5B) Level 6 imprisonment Level 5 imprisonment (7½ years) (10 years)

Subsection (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.

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.

• corporation

• person

Level 5 imprisonment Level 5 imprisonment and/or Level 5 fine (10 years) and/or (10 years and/or Level 5 fine 1200 Penalty Units) (1200 Penalty Units)

• corporation

• person

Level 5 imprisonment Level 5 imprisonment and/or Level 5 fine (10 years) and/or (10 years and/or Level 5 fine 1200 Penalty Units) (1200 Penalty Units)

Section 179 Gift or receipt of secret commission in return for advice given

• corporation

• person

Level 5 imprisonment Level 5 imprisonment and/or Level 5 fine (10 years) and/or (10 years and/or Level 5 fine 1200 Penalty Units) (1200 Penalty Units)

Section 180 Secret commission to trustee in return for substituted appointment

• 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 (10 years) and/or 1200 Penalty Units) level 5 fine (1200 Penalty Units)

• corporation

• other person

Level 5 imprisonment Level 5 imprisonment and/or Level 5 fine (10 years) and/or (10 years and/or Level 5 fine 1200 Penalty Units) (1200 Penalty Units)

• corporation

• other person

Level 5 imprisonment Level 5 imprisonment and/or Level 5 fine (10 years) and/or (10 years and/or level 5 fine 1200 Penalty Units) (1200 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 Subsection (1) Level 6 imprisonment Level 5 imprisonment damaging property (7½ years) (10 years)

Subsection (2) Level 4 imprisonment Level 4 imprisonment damaging property (12½ years) (15 years) intending to endanger another's life

Subsection (3) Level 5 imprisonment Level 5 imprisonment damaging property for (10 years) (10 years) gain

Subsection (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

Section 199 Level 8 imprisonment Level 6 imprisonment Possessing anything (3 years) (5 years) with intent to destroy or damage property

Section 206 Rioters demolishing buildings Subsection (1) Level 6 imprisonment Level 4 imprisonment (7½ years) (15 years)

Subsection (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 Obstructing engine, (2 years) 2 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

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 subsections Level 5 imprisonment Level 5 imprisonment (1)–(3) Contamination and/or Level 5 fine (10 years) 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.

Section 316(2) Level 8 imprisonment Level 6 imprisonment Unlawful oaths for (3 years) (5 years) other offences

Section 317 Offences connected with explosive substances Subsection (2) Level 4 imprisonment Level 4 imprisonment (12½ years) (15 years)

Subsection (3) Level 5 imprisonment Level 5 imprisonment (10 years) (10 years)

Subsection (4) Level 7 imprisonment Level 6 imprisonment (5 years) (5 years)

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)

Section 321C Penalties for conspiracy; Subsection (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

Subsection (1)(b) to Level 5 imprisonment Level 4 imprisonment commit an offence (10 years) (15 years) (for common where the penalty is law offences) imprisonment for a term the maximum length of which is not prescribed

Subsection (1)(ba) to Level 1 imprisonment Level 1 imprisonment commit murder or (Life) (Life) treason or piratical acts

Subsection (1)(d) to Level 8 imprisonment Level 6 imprisonment commit a summary (3 years) (5 years) offence

Subsection (2) to commit an offence against a law in force only in a place outside Victoria—

(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)

Subsection (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

Subsection (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 prescribed

Subsection (1)(ba) to Level 1 imprisonment Life commit murder or (Life) treason or piratical acts

Subsection (1)(d) to Level 8 imprisonment Level 6 imprisonment commit a summary (3 years) (5 years) offence

Subsection (2) to commit an offence against a law in force only in a place outside Victoria—

(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 325 Subsection (4)(a) Level 2 imprisonment Level 3 imprisonment where the principal (20 years) (20 years) offence is punishable by Level 1 imprisonment

Subsection (4)(b) in any imprisonment for a imprisonment for a term other case term not more than not more than 60 months nor more 60 months nor more than ½ the length of than ½ the length of the the longest term longest term which may which may be be imposed on first imposed on 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 357(3) Failing 5 Penalty Units 5 Penalty Units or refusing to comply with a warrant to discharge a person from imprisonment

Section 415(1A) Issue Level 13 fine Level 13 fine of warrant when (5 Penalty Units) (5 Penalty Units) witness does not appear

Section 443A Failing Level 12 fine Level 12 fine to comply with an (10 penalty units) (10 penalty units) undertaking to the Director of Public Prosecutions

Section 456AA Level 13 fine Level 13 fine Requirement to give (5 penalty units) (5 penalty units) name and address

Section 456E Offence Level 10 fine Level 10 fine by an employee or (1200 penalty units) (1200 penalty units) member of a law enforcement agency

Section 464O Level 12 fine Level 12 fine Destruction of records (10 penalty units) (10 penalty units)

Section 464ZG Level 10 Level 10 imprisonment Destruction of imprisonment or or Level 10 fine identifying information 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

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) 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) 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)

PREVIOUSLY PRESCRIBED NEW PRESCRIBED MAXIMUM MAXIMUM OFFENCE PENALTY PENALTY

Section 41Q Money 10 years imprisonment Level 3 imprisonment laundering (20 years)

quantity and not more than (25 years) and not more 2500 penalty units than 2500 penalty units

(b) any other case 15 years imprisonment Level 4 imprisonment and/or 1000 penalty (15 years) and/or units 1000 penalty units

(a) not for any 1 year imprisonment Level 8 imprisonment purpose related to and/or 20 penalty units (1 year) and/or trafficking) 20 penalty units

(b) any other case 15 years imprisonment Level 4 imprisonment and/or 1000 penalty (15 years) and/or units 1000 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 30 penalty units

(c) any other case 5 years imprisonment Level 6 imprisonment and/or 400 penalty units (5 years) and/or 400 penalty units

PREVIOUSLY PRESCRIBED NEW PRESCRIBED MAXIMUM MAXIMUM OFFENCE PENALTY PENALTY

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

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

Section 33(1) Escape 7 years imprisonment Level 6 imprisonment from custody (5 years)

Section 5 Causing or 7 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 child

Section 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 prostitution

Section 10 Living on 4 years imprisonment Level 6 imprisonment earnings of prostitute (5 years)

PREVIOUSLY PRESCRIBED NEW PRESCRIBED MAXIMUM MAXIMUM OFFENCE PENALTY PENALTY

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

20 Table of Amendments: The amendment proposed by section 10A of the Sentencing Amendment (Emergency Workers) Act 2014, No. 69/2014 (as amended by Nos 72/2014, 79/2014) (repealed) is not included in this publication, as section 10A never commenced. Commencement of section 10A was contingent upon legislation that was not enacted: see section 2(1) of No. 69/2014 (as amended by No. 79/2014 section 66).