29Proceedings before Full Court

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. [↑](#endnote-ref-3) 3. S. 9: Section 9 of the **Sentencing and Other Acts (Amendment) Act 1997**, No. 48/1997 (*repealed*) inserted a new section 9 into the **Sentencing** **Act 1991** to provide the Magistrates' Court with the power to impose an aggregate sentence of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 (See for example the **Crimes Act 1958**, Rule 2, Sixth Schedule (*repealed*)).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. [↑](#endnote-ref-4) 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. [↑](#endnote-ref-5) 5. S. 16: 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. [↑](#endnote-ref-6) 6. S. 16(1A)(d): 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. [↑](#endnote-ref-7) 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". [↑](#endnote-ref-8) 8. S. 16(1A)(e): See note 6. [↑](#endnote-ref-9) 9. S. 16(3B): See note 6. [↑](#endnote-ref-10) 10. S. 16(3C): See note 6. [↑](#endnote-ref-11) 11. S. 17: See note 5. [↑](#endnote-ref-12) 12. S. 18: 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**. [↑](#endnote-ref-13) 13. S. 18O: See note 2. [↑](#endnote-ref-14) 14. S. 32: See note 5. [↑](#endnote-ref-15) 15. S. 33: See note 5. [↑](#endnote-ref-16) 16. S. 34: See note 5. [↑](#endnote-ref-17) 17. S. 35: See note 5. [↑](#endnote-ref-18) 18. S. 35: See note 12. [↑](#endnote-ref-19) 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 (common law) | Level 1 imprisonment (Life) | Level 1 imprisonment (Life) | | Section 3A Murder (Crimes Act) | Level 1 imprisonment (Life) | Level 1 imprisonment (Life) | | Section 5 Manslaughter | Level 3 imprisonment (15 years) | Level 3 imprisonment (20 years) | | Section 6 Infanticide | Level 7 imprisonment (5 years) | Level 6 imprisonment (5 years) | | Section 6B(1A) Suicide pact manslaughter<br>Section 6B(2) Inciting, aids or abets suicide<br>Section 6B(2) Being party to a suicide pact | Level 6 imprisonment (7½ years) <br>Level 7 imprisonment (5 years)<br>Level 8 imprisonment (3 years) | Level 5 imprisonment (10 years) <br>Level 6 imprisonment (5 years)<br>Level 6 imprisonment (5 years) | | Section 9A(1) Treason<br> Section 9A(2) Knowingly receiving or assisting a person guilty of treason | Level 1 imprisonment (Life)<br>Level 3 imprisonment (15 years) | Level 1 imprisonment (Life)<br>Level 3 imprisonment (20 years) | | Section 10 Child destruction | Level 5 imprisonment (10 years) | Level 4 imprisonment (15 years) | | Section 16 Causing serious injury intentionally | Level 4 imprisonment (12½ years) | Level 3 imprisonment (20 years) | | Section 17 Causing serious injury recklessly | Level 5 imprisonment (10 years) | Level 4 imprisonment (15 years) | | Section 18 Causing injury intentionally<br>Section 18 Causing injury recklessly | Level 6 imprisonment (7½ years)<br>Level 7 imprisonment (5 years) | Level 5 imprisonment (10 years)<br>Level 6 imprisonment (5 years) | | Section 19(1) Administering a substance to another | Level 7 imprisonment (5 years) | Level 6 imprisonment (5 years) | | Section 19A Intentionally causing a very serious disease | 25 years imprisonment | Level 2 imprisonment (25 years) | | Section 20 Threats to kill | Level 7 imprisonment (5 years) | Level 5 imprisonment (10 years) | | Section 21 Threats to inflict serious injury | Level 8 imprisonment (3 years) | Level 6 imprisonment (5 years) | | Section 21A Stalking | Level 5 imprisonment (10 years) | Level 5 imprisonment (10 years) | | Section 22 Conduct endangering life | Level 5 imprisonment (10 years) | Level 5 imprisonment (10 years) | | Section 23 Conduct endangering persons | Level 6 imprisonment (7½ years) | Level 6 imprisonment (5 years) | | Section 24 Negligently causing serious injury | Level 7 imprisonment (5 years) | Level 6 imprisonment (5 years) | | Section 25 Setting traps to kill | Level 4 imprisonment (12½ years) | Level 4 imprisonment (15 years) | | Section 26 Setting traps to cause serious injury | Level 5 imprisonment (10 years) | Level 5 imprisonment (10 years) | | Section 27 Extortion with threat to kill | Level 6 imprisonment (7½ years) | Level 4 imprisonment (15 years) | | Section 28 Extortion with threat to destroy property | Level 7 imprisonment (5 years) | Level 5 imprisonment (10 years) | | Section 29 Using firearm to resist arrest | Level 5 imprisonment or Level 5 fine (10 years or 1200 Penalty Units) | Level 5 imprisonment (10 years) or Level 5 fine (1200 penalty units) | | Section 30 Threatening injury to prevent arrest | Level 7 imprisonment (5 years) | Level 6 imprisonment (5 years) | | Section 31 Assaults | Level 8 imprisonment (3 years) | Level 6 imprisonment (5 years) | | Section 32 Performing female genital mutilation | Level 4 imprisonment (12½ years) | Level 4 imprisonment (15 years) | | Section 33 Taking a person from the State to perform female genital mutilation | Level 4 imprisonment (12½ years) | Level 4 imprisonment (15 years | | Section 38 Rape | 25 years imprisonment | Level 2 imprisonment (25 years) | | Section 39 Indecent assault | Level 5 imprisonment (10 years) | Level 5 imprisonment (10 years) | | Section 40 Assault with intent to rape | Level 5 imprisonment (10 years) | Level 5 imprisonment (10 years) | | Section 44 Incest Subsection (1) with a child etc.<br>Subsection (2) with an under 18 child etc. of de facto spouse | Level 2 imprisonment (20 years)<br>Level 2 imprisonment (20 years) | Level 2 imprisonment (25 years)<br>Level 2 imprisonment (25 years) | | Subsection (3) with father or mother etc. where offender is 18 or older<br>Subsection (4) with sister or brother etc. | Level 6 imprisonment (7½ years) <br>Level 6 imprisonment (7½ years) | Level 6 imprisonment (5 years) <br>Level 6 imprisonment (5 years) | | Section 45 Sexual penetration of child under 10 | Level 2 imprisonment (20 years) | Level 2 imprisonment (25 years) | | Section 46 Sexual penetration of child 10–16<br>Subsection (1)(a) under care, supervision or authority<br>Subsection (1)(b) any other case | <br>Level 3 imprisonment (15 years) <br>Level 5 imprisonment (10 years) | <br>Level 4 imprisonment (15 years) <br>Level 5 imprisonment (10 years) | | Section 47 Indecent act with child under 16 | Level 5 imprisonment (10 years) | Level 5 imprisonment (10 years) | | Section 47A Sexual relationship with child under 16 | Maximum penalty for the relevant offence | Level 2 imprisonment (25 years) | | Section 48 Sexual penetration of a 16 or 17 year old child (under care, supervision or authority) | Level 8 imprisonment (3 years) | Level 5 imprisonment (10 years) | | Section 49 Indecent act with 16 year old child | Level 8 imprisonment (3 years) | Level 6 imprisonment (5 years) | | Section 49A Facilitating sexual offences against children | Level 2 imprisonment (20 years) | Level 3 imprisonment (20 years) | | Section 51 Subsection (1) Sexual penetration of person with impaired mental functioning by medical or therapeutic service provider<br>Subsection (2) Indecent act with person with impaired mental functioning by medical or therapeutic service provider | Level 7 imprisonment (5 years) <br>Level 8 imprisonment (3 years) | Level 5 imprisonment (10 years) <br>Level 6 imprisonment (5 years) | | Section 52 Subsection (1) Sexual penetration by worker of resident in residential facilities<br>Subsection (2) Indecent act by worker of resident in residential facilities | Level 7 imprisonment (5 years) <br>Level 8 imprisonment (3 years) | Level 5 imprisonment (10 years) <br>Level 6 imprisonment (5 years) | | Section 53 Administering drug for sexual penetration | Level 5 imprisonment (10 years) | Level 5 imprisonment (10 years) | | Section 54 Occupier, etc. inducing or knowingly allowing unlawful sexual penetration<br>(a) where child is aged under 13<br>(b) where child is aged between 13–17 | <br>Level 5 imprisonment (10 years)<br>Level 7 imprisonment (5 years) | <br>Level 4 imprisonment (15 years)<br>Level 5 imprisonment (10 years) | | Section 55 Abduction or detention for sexual penetration | Level 5 imprisonment (10 years) | Level 5 imprisonment (10 years) | | Section 56 Abduction of child under 16 for sexual penetration | Level 6 imprisonment (7½ years) | Level 6 imprisonment (5 years) | | Section 57 Subsection (1) Procuring sexual penetration by threats or intimidation<br>Subsection (2) Procuring sexual penetration by fraud | Level 6 imprisonment (7½ years) <br>Level 7 imprisonment (5 years) | Level 5 imprisonment (10 years) <br>Level 6 imprisonment (5 years) | | Section 58 Procuring sexual penetration of child under 16 | Level 7 imprisonment (5 years) | Level 6 imprisonment (5 years) | | Section 59 Bestiality | Level 7 imprisonment (5 years) | Level 6 imprisonment (5 years) | | Section 60 Soliciting acts of sexual penetration or indecent acts | Level 10 imprisonment or Level 10 fine (1 year or 120 Penalty Units) | Level 8 imprisonment (1 year) or Level 11 fine (60 Penalty Units) | | Section 60A Sexual offence while armed with an offensive weapon | Level 8 imprisonment (3 years) | Level 7 imprisonment (2 years) | | 60B Loitering near schools etc. | Level 10 imprisonment or Level 11 fine (1 year or 60 Penalty Units) | Level 8 imprisonment (1 year) | | Section 63 Subsection (1) Child stealing | Level 6 imprisonment (7½ years) | Level 6 imprisonment (5 years) | | Subsection (2) Takes, decoys or entices away a child | Level 7 imprisonment (5 years) | Level 6 imprisonment (5 years) | | Section 63A Kidnapping | Level 2 imprisonment (20 years) | Level 2 imprisonment (25 years) | | Section 64 Bigamy | Level 7 imprisonment (5 years) | Level 6 imprisonment (5 years) | | Section 65 Abortion (attempt to procure) | Level 6 imprisonment (7½ years) | Level 5 imprisonment (10 years) | | Section 66 Supplying or procuring anything to be employed in abortion | Level 8 imprisonment (3 years) | Level 6 imprisonment (5 years) | | Section 67 Concealing birth of a child | Level 11 imprisonment (6 months) | 6 months | | Section 68 Production of child pornography | Level 9 imprisonment (2 years) | Level 5 imprisonment (10 years) | | Section 69 Procuring of minor for child pornography | Level 7 imprisonment (5 years) | Level 5 imprisonment (10 years) | | Section 70 Possession of child pornography | Level 10 imprisonment (1 year) | Level 7 imprisonment (2 years) | | Section 70A Piracy with violence | Level 3 imprisonment (15 years) | Level 3 imprisonment (20 years) | | Section 70B Piratical acts | Level 1 imprisonment (Life) | Level 3 imprisonment (20 years) | | Section 70C Trading etc. with pirates | Level 5 imprisonment (10 years) | Level 5 imprisonment (10 years) | | Section 70D Being found on board piratical vessel and unable to prove non-complicity | Level 11 imprisonment (6 months) | Level 6 imprisonment (5 years) | | Section 74 Theft | Level 5 imprisonment (10 years) | Level 5 imprisonment (10 years) | | Section 75 Robbery | Level 4 imprisonment (12½ years) | Level 4 imprisonment (15 years) | | Section 75A Armed robbery | Level 2 imprisonment (20 years) | Level 2 imprisonment (25 years) | | Section 76 Burglary | Level 4 imprisonment (12½ years) | Level 5 imprisonment (10 years) | | Section 77 Aggravated burglary | Level 3 imprisonment (15 years) | Level 2 imprisonment (25 years) | | Section 78 Removal of articles from places open to the public | Level 7 imprisonment (5 years) | Level 6 imprisonment (5 years) | | Section 80(1) Unlawfully taking control of an aircraft<br>Subsection (2) where force or violence etc. is used | Level 4 imprisonment (12½ years) <br>Level 3 imprisonment (15 years) | Level 4 imprisonment (15 years) <br>Level 3 imprisonment (20 years) | | Section 81 Obtaining property by deception | Level 5 imprisonment (10 years) | Level 5 imprisonment (10 years) | | Section 82 Obtaining financial advantage by deception | Level 5 imprisonment (10 years) | Level 5 imprisonment (10 years) | | Section 83 False accounting | Level 6 imprisonment (7½ years) | Level 5 imprisonment (10 years) | | Section 83A Falsification of documents Subsection (1)–(5B) <br>Subsection (5C) | Level 6 imprisonment (7½ years)<br>Level 9 imprisonment (2 years) | Level 5 imprisonment (10 years)<br>Level 6 imprisonment (5 years) | | Section 85 False statements by company directors etc. | Level 6 imprisonment (7½ years) | Level 5 imprisonment (10 years) | | Section 86 Suppression etc. of documents | Level 6 imprisonment (7½ years) | Level 5 imprisonment (10 years) | | Section 87 Blackmail | Level 4 imprisonment (12½ years) | Level 4 imprisonment (15 years) | | Section 88 Handling stolen goods | Level 5 imprisonment (10 years) | Level 4 imprisonment (15 years) | | Section 89 Advertising rewards for return of goods stolen or lost | Level 13 fine (5 Penalty Units) | Level 13 fine<br>(5 Penalty Units) | | Section 91 Going equipped for stealing etc. | Level 8 imprisonment (3 years) | Level 7 imprisonment (2 years) | | Section 176 Receipt or solicitation of secret commission by an agent corporation person | Level 5 fine (1200 Penalty Units)<br>Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units) | Level 5 fine (1200 Penalty Units)<br>Level 5 imprisonment (10 years) and/or Level 5 fine (1200 Penalty Units) | | Section 178 Giving or receiving false or misleading receipt or account corporation person | Level 5 fine (1200 Penalty Units)<br>Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units) | Level 5 fine (1200 Penalty Units)<br>Level 5 imprisonment (10 years) and/or Level 5 fine (1200 Penalty Units) | | Section 179 Gift or receipt of secret commission in return for advice given corporation person | Level 5 fine (1200 Penalty Units)<br>Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units) | Level 5 fine (1200 Penalty Units)<br>Level 5 imprisonment (10 years) and/or Level 5 fine (1200 Penalty Units) | | Section 180 Secret commission to trustee in return for substituted appointment<br> corporation other person | <br>Level 5 fine (1200 Penalty Units) <br>Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units) | <br>**corporation**; level 5 fine (1200 Penalty Units)<br>**person**;Level 5 imprisonment (10 years) and/or level 5 fine (1200 Penalty Units) | | Section 181 Aiding and abetting offences within or outside Victoria<br> corporation other person | <br>Level 5 fine (1200 Penalty Units)<br>Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units) | Level 5 fine (1200 Penalty Units)<br>Level 5 imprisonment (10 years) and/or Level 5 fine (1200 Penalty Units) | | Section 182 Liability of directors etc. acting without authority<br> corporation other person | <br>Level 5 fine (1200 Penalty Units)<br>Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units) | <br>Level 5 fine (1200 Penalty Units)<br>Level 5 imprisonment (10 years) and/or level 5 fine (1200 Penalty Units) | | Section 191(1) Fraudulently inducing persons to invest money | Level 5 imprisonment (10 years) | Level 4 imprisonment (15 years) | | Section 197 Destroying or damaging property Subsection (1) damaging property<br>Subsection (2) damaging property intending to endanger another's life<br>Subsection (3) damaging property for gain<br>Subsection (7) Arson | Level 6 imprisonment (7½ years)<br>Level 4 imprisonment (12½ years) <br>Level 5 imprisonment (10 years) <br>Level 4 imprisonment (12½ years) | Level 5 imprisonment (10 years)<br>Level 4 imprisonment (15 years) <br>Level 5 imprisonment (10 years) <br>Level 4 imprisonment (15 years) | | Section 197A Arson causing death | not applicable | Level 2 imprisonment (25 years) | | Section 198 Threats to destroy or damage property | Level 7 imprisonment (5 years) | Level 6 imprisonment (5 years) | | Section 199 Possessing anything with intent to destroy or damage property | Level 8 imprisonment (3 years) | Level 6 imprisonment (5 years) | | Section 206 Rioters demolishing buildings Subsection (1) <br>Subsection (2) | Level 6 imprisonment (7½ years)<br>Level 7 imprisonment (5 years) | Level 4 imprisonment (15 years)<br>Level 6 imprisonment (5 years) | | Section 207 Forcible entry | Level 10 imprisonment and/or Level 10 fine (1 year and/or 120 Penalty Units) | Level 8 imprisonment (1 year) | | Section 225 Conveying water into a mine | Level 6 imprisonment (7½ years) | Level 6 imprisonment (5 years) | | Section 228 Removing etc. piles of sea banks | Level 6 imprisonment (7½ years) | Level 6 imprisonment (5 years) | | Section 232 Placing things on railways to obstruct or overturn engine etc. | Level 6 imprisonment (7½ years) | Level 5 imprisonment (10 years) | | Section 233 Obstructing engine, carriage etc. on railway | Level 9 imprisonment (2 years) | Level 7 imprisonment 2 years | | Section 244 Altering signals or exhibiting false ones | Level 6 imprisonment (7½ years) | Level 5 imprisonment (10 years) | | Section 245 Removing buoy etc. | Level 8 imprisonment (3 years) | Level 6 imprisonment (5 years) | | Section 246A Endangering safe operation of an aircraft | Level 5 imprisonment (10 years) | Level 4 imprisonment (15 years) | | Section 246B Setting fire etc. to aircraft | Level 6 imprisonment (7½ years) | Level 4 imprisonment (15 years) | | Section 246C Endangering safety of aircraft | Level 7 imprisonment (5 years) | Level 5 imprisonment (10 years) | | Section 246D(1) Dangerous goods on aircraft | Level 7 imprisonment (5 years) | Level 6 imprisonment (5 years) | | Section 246E Threats to safety of aircraft | Level 7 imprisonment (5 years) | Level 6 imprisonment (5 years) | | Section 247 False statements | Level 9 imprisonment (2 years) | Level 6 imprisonment (5 years) | | Section 248 subsections (1)–(3) Contamination of goods | Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units) | Level 5 imprisonment (10 years) | | Section 314 Perjury | Level 4 imprisonment (12½ years) | Level 4 imprisonment (15 years) | | Section 316(1) Unlawful oaths to commit treason, murder etc.<br>Section 316(2) Unlawful oaths for other offences | Level 7 imprisonment (5 years) <br>Level 8 imprisonment (3 years) | Level 5 imprisonment (10 years) <br>Level 6 imprisonment (5 years) | | Section 317 Offences connected with explosive substances Subsection (2) <br>Subsection (3) <br>Subsection (4) | Level 4 imprisonment (12½ years)<br>Level 5 imprisonment (10 years)<br>Level 7 imprisonment (5 years) | Level 4 imprisonment (15 years)<br>Level 5 imprisonment (10 years)<br>Level 6 imprisonment (5 years) | | Section 317A Bomb hoaxes | Level 7 imprisonment and/or Level 7 fine (5 years and/or 600 Penalty Units) | Level 6 imprisonment (5 years) | | Section 318 Culpable driving causing death | Level 3 imprisonment and/or Level 3 fine (15 years and/or 1800 Penalty Units) | Level 3 imprisonment (20 years) | | Section 321C Penalties for conspiracy; Subsection (1)(a) to commit an offence with a prescribed maximum <br>Subsection (1)(b) to commit an offence where the penalty is imprisonment for a term the maximum length of which is not prescribed<br>Subsection (1)(ba) to commit murder or treason or piratical acts<br>Subsection (1)(d) to commit a summary offence | Liable to the maximum prescribed for the substantive offence<br>Level 5 imprisonment (10 years) <br>Level 1 imprisonment (Life) <br>Level 8 imprisonment (3 years) | Liable to the maximum prescribed for the substantive offence<br>Level 4 imprisonment (15 years) (for common law offences) <br>Level 1 imprisonment (Life) <br>Level 6 imprisonment (5 years) | | Subsection (2) to commit an offence against a law in force only in a place outside Victoria—<br>(a) punishable by a term of imprisonment <br>(b) in any other case | <br>Level 7 imprisonment (5 years) <br>Level 7 fine (600 Penalty Units) | <br>Liable to the maximum prescribed as if the conspiracy was to commit an offence against the laws of Victoria<br>Level 7 fine (600 Penalty Units) | | Section 321I Penalties for incitement<br>Subsection (1)(a) to commit an offence with a prescribed maximum<br>Subsection (1)(b) to commit an offence where the penalty is imprisonment for a term the maximum length of which is not prescribed<br>Subsection (1)(ba) to commit murder or treason or piratical acts<br>Subsection (1)(d) to commit a summary offence | <br>Liable to the maximum prescribed for the offence<br>Level 7 imprisonment (5 years) <br>Level 1 imprisonment (Life) <br>Level 8 imprisonment (3 years) | <br>Liable to the maximum prescribed for the substantive offence<br>Level 4 imprisonment (15 years) <br>Life <br>Level 6 imprisonment (5 years) | | Subsection (2) to commit an offence against a law in force only in a place outside Victoria—<br>(a) punishable by a term of imprisonment <br>(b) in any other case | <br>Level 7 imprisonment (5 years) <br>Level 7 fine (600 Penalty Units) | <br>Liable to the maximum prescribed as if the incitement was to commit an offence against the laws of Victoria<br>Level 7 fine (600 Penalty Units) | | Section 321P Penalties for attempt | | See item 94 of Schedule 1 | | Section 325 Subsection (4)(a) where the principal offence is punishable by Level 1 imprisonment<br>Subsection (4)(b) in any other case | Level 2 imprisonment (20 years) <br>imprisonment for a term not more than 60 months nor more than ½ the length of the longest term which may be imposed on first conviction for the principal offence | Level 3 imprisonment (20 years) <br>imprisonment for a term not more than 60 months nor more than ½ the length of the longest term which may be imposed on first conviction for the principal offence | | Section 326 Concealing offences for benefit | Level 10 imprisonment (1 year) | Level 8 imprisonment (1 year) | | Section 343 Obstruction | Level 11 fine | Level 11 fine | | Section 357(3) Failing or refusing to comply with a warrant to discharge a person from imprisonment | 5 Penalty Units | 5 Penalty Units | | Section 415(1A) Issue of warrant when witness does not appear | Level 13 fine (5 Penalty Units) | Level 13 fine (5 Penalty Units) | | Section 443A Failing to comply with an undertaking to the Director of Public Prosecutions | Level 12 fine (10 penalty units) | Level 12 fine (10 penalty units) | | Section 456AA Requirement to give name and address | Level 13 fine (5 penalty units) | Level 13 fine (5 penalty units) | | Section 456E Offence by an employee or member of a law enforcement agency | Level 10 fine (1200 penalty units) | Level 10 fine (1200 penalty units) | | Section 464O Destruction of records | Level 12 fine (10 penalty units) | Level 12 fine (10 penalty units) | | Section 464ZG Destruction of identifying information | Level 10 imprisonment or Level 10 fine | Level 10 imprisonment or Level 10 fine | | Section 479A Rescuing of a prisoner from lawful custody | Level 5 imprisonment (10 years) | Level 5 imprisonment (10 years) | | Section 479B Aiding a prisoner in escaping | Level 7 imprisonment (5 years) | Level 6 imprisonment (5 years) | | Section 479C Escape and related offences | Level 7 imprisonment (5 years) | Level 6 imprisonment (5 years) | **Maximum penalties introduced for common law offences for which no statutory maximum penalty had previously been fixed** | **OFFENCE** | **PRESCRIBED MAXIMUM PENALTY** | | Affray | Level 6 imprisonment (5 years) | | Attempting to pervert the course of justice | Level 2 imprisonment (25 years) | | 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) | | Unlawful assembly | Level 6 imprisonment (5 years) | **Amendments to the maximum penalties of other Acts** | **Crimes (Confiscation of Profits) Act 1986** | | | | Section 41Q Money laundering | 10 years imprisonment | Level 3 imprisonment (20 years) | | **Drugs, Poisons and Controlled Substances Act 1981** | | | | Section 71 Trafficking in a drug of dependence—<br>(a) commercial quantity | 25 years imprisonment and not more than 2500 penalty units | Level 2 imprisonment (25 years) and not more than 2500 penalty units | | (b) any other case | 15 years imprisonment and/or 1000 penalty units | Level 4 imprisonment (15 years) and/or 1000 penalty units | | Section 72 Cultivation of a narcotic plant—<br>(a) not for any purpose related to trafficking)<br>(b) any other case | <br>1 year imprisonment and/or 20 penalty units <br>15 years imprisonment and/or 1000 penalty units | <br>Level 8 imprisonment (1 year) and/or 20 penalty units<br>Level 4 imprisonment (15 years) and/or 1000 penalty units | | Section 73 Possession of a drug of dependence—<br>(a) small quantity<br>(b) not for a purpose related to trafficking<br>(c) any other case | <br>5 penalty units<br>1 year imprisonment and/or 30 penalty units <br>5 years imprisonment and/or 400 penalty units | <br>5 penalty units<br>Level 8 imprisonment (1 year) and/or 30 penalty units<br>Level 6 imprisonment (5 years) and/or 400 penalty units | | Section 78 Conspiring | same penalty and punishment as if the offender committed the offence | same penalty and punishment as if the offender committed the offence | | **Legal Practice Act 1996** | | | | Section 188 Solicitor defalcation | 10 years imprisonment | Level 4 imprisonment (15 years) | | Section 263 Improperly destroying property | 3 years imprisonment | Level 6 imprisonment (5 years) | | **Prisoners (Interstate Transfer) Act 1983** | | | | Section 33(1) Escape from custody | 7 years imprisonment | Level 6 imprisonment (5 years) | | **Prostitution Control Act 1994** | | | | Section 5 Causing or inducing child to take part in prostitution | 7 years imprisonment | Level 5 imprisonment (10 years) | | Section 6 Obtaining payment for sexual services provided by a child | 7 years imprisonment | Level 4 imprisonment (15 years) | | Section 7 Agreement for provision of sexual services by a child | 7 years imprisonment | Level 4 imprisonment (15 years) | | Section 8 Forcing person into or to remain in prostitution | 7 years imprisonment | Level 5 imprisonment (10 years) | | Section 9 Forcing person to provide financial support out of prostitution | 7 years imprisonment | Level 5 imprisonment (10 years) | | Section 10 Living on earnings of prostitute | 4 years imprisonment | Level 6 imprisonment (5 years) | | Section 11 Allowing child to take part in prostitution | 4 years imprisonment | Level 5 imprisonment (10 years) | | Section 22(1) and (3) Prostitution service providers to be licensed | 3 years imprisonment and/or 360 penalty units | Level 6 imprisonment (5 years) and/or 360 penalty units | [↑](#endnote-ref-20) 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). [↑](#endnote-ref-21)