Text as at 15 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

5B Sentencing for a standard sentence offence

(1)This section applies in relation to sentencing an offender for a standard sentence offence unless—

S. 5B(1)(c) repealed by No. 22/2020 s. 25(2).

(a)the offender was under the age of 18 at the time of the commission of the offence; or

(b)the offence is heard and determined summarily.

S. 5B(1)(b) amended by No. 22/2020 s. 25(1).

* * * * *

(2)In sentencing an offender for a standard sentence offence, a court—

(a)must take the standard sentence into account as one of the factors relevant to sentencing; and

(b)despite section 5(2)(b), must only have regard to sentences previously imposed for the offence as a standard sentence offence in relation to the sentencing for which this section applied.

(3)Subsection (2)—

(a)does not limit the matters that a court is otherwise required or permitted to take into account in determining the appropriate sentence for a standard sentence offence; and

(b)is not intended to affect the approach to sentencing known as instinctive synthesis.

(4)A court that sentences an offender for a standard sentence offence must at the time of doing so state the reasons for—

(a)imposing that sentence; and

(b)any non-parole period fixed in accordance with section 11 as part of that sentence if that period is shorter than the period specified in section 11A(4)(a), (b) or (c), as the case requires.

(5)As part of its reasons under subsection (4), a court must refer to the standard sentence for the offence and explain how the sentence imposed by it relates to that standard sentence.