6CFactors relevant to consideration of whether offender is a serious offender

6C Factors relevant to consideration of whether offender is a serious offender (1) In considering whether an offender being sentenced is a serious offender, a court must have regard to a conviction or convictions for a relevant offence irrespective of whether recorded— (a) in the current trial or hearing; or (b) in another trial or hearing; or (c) in different trials or hearings held at different times; or S. 6C(1)(d) amended by No. 68/2009 s. 97(Sch. item 110.6). (d) in separate trials of different charges in the one indictment. (2) In sentencing an offender a court may only treat a conviction for an offence as a conviction for a relevant offence if it is satisfied beyond reasonable doubt that it is. (3) Despite subsection (2), in sentencing an offender a court must have regard to a conviction for an offence against a law of the Commonwealth or of a place outside Victoria (whether or not in Australia) and must treat it as a conviction for a relevant offence if it is satisfied beyond reasonable doubt that— (a) the offence is substantially similar to an arson offence, drug offence, serious violent offence, sexual offence or violent offence (as the case requires); and (b) the offender was for that offence sentenced to a term of imprisonment or detention. S. 6C(4) amended by No. 68/2009 s. 97(Sch. item 110.7). (4) Division 2 of Part 5.8 of Chapter 5 of the **Criminal Procedure Act 2009** applies for the purposes of subsection (3) in relation to the proof of a previous conviction within the meaning of that section. S. 6D inserted by No. 48/1997 s. 6.