CRIMES ACT 1958

Victorian Consolidated Legislation

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CRIMES ACT 1958

No. 6231 of 1958
Version incorporating amendments as at 1 April 2012

TABLE OF PROVISIONS

Section Page
1. Short title and commencement
2. Repeals and savings
2A. Definitions
2B. Offences under this Act deemed to be indictable offences

PART I-OFFENCES

Division 1-Offences against the person
(1) Homicide

3. Punishment for murder
3A. Unintentional killing in the course or furtherance of a crime of violence
3B. Provocation no longer a partial defence to murder
4. Alternative verdict of defensive homicide on charge for murder
5. Punishment of manslaughter
5A. Child homicide
6. Infanticide
6A. Suicide no longer a crime
6B. Survivor of suicide pact who kills deceased party is guilty of manslaughter
7. Repealed
8. Petit treason
9. Provision for trial for murder or manslaughter in Victoria
where death or cause of death only happens in Victoria
9AA. Abolition of year-and-a-day rule
(1AA) Exceptions to homicide offences
9AB. Definitions and application of Subdivision
9AC. Murder-"self-defence"
9AD. Defensive homicide
9AE. Manslaughter-"self-defence"
9AF. Self-defence exceptions do not apply in the case of lawful conduct
9AG. Duress
9AH. Family violence
9AI. Sudden or extraordinary emergency
9AJ. Intoxication
(1A) Treasonable offences
9A. Treason
(2), (3) Repealed
10-14. Repealed
(4) Offences against the person
15. Definitions
16. Causing serious injury intentionally
17. Causing serious injury recklessly
18. Causing injury intentionally or recklessly
19. Offence to administer certain substances
19A. Intentionally causing a very serious disease
20. Threats to kill
21. Threats to inflict serious injury
21A. Stalking
22. Conduct endangering life
23. Conduct endangering persons
24. Negligently causing serious injury
25. Setting traps etc. to kill
26. Setting traps etc. to cause serious injury
27. Extortion with threat to kill
28. Extortion with threat to destroy property etc.
29. Using firearm to resist arrest etc.
30. Threatening injury to prevent arrest
31. Assaults
31A. Use of firearms in the commission of offences
31B. Being armed with criminal intent
32. Offence to perform female genital mutilation
33. Offence to take a person from the State with the intention of having prohibited female genital mutilation performed
34. Consent not a defence to a charge under sections 32 or 33.
34A. Exceptions to offences under section 32.
(5) Corpses
34B. Offence to interfere with corpse of a human being
(6), (7) Repealed
(8) Sexual offences (general provisions)
35. Definitions
36. Meaning of consent
37. Jury directions
37AAA. Jury directions on consent
37AA. Jury directions on the accused's awareness
37A. Objectives of Subdivisions 8A to 8G.
37B. Guiding principles
(8A) Rape and indecent assault
38. Rape
38A. Compelling sexual penetration
39. Indecent assault
40. Assault with intent to rape
41-43. Repealed
(8B) Incest
44. Incest
(8C) Sexual offences against children
45. Sexual penetration of child under the age of 16.
46. Repealed
47. Indecent act with child under the age of 16.
47A. Persistent sexual abuse of child under the age of 16.
48. Sexual penetration of 16 or 17 year old child
49. Indecent act with 16 or 17 year old child
49A. Facilitating sexual offences against children
(8D) Sexual offences against persons with a cognitive impairment
50. Definitions
51. Sexual offences against persons with a cognitive impairment
by providers of medical or therapeutic services
52. Sexual offences against persons with a cognitive impairment
by providers of special programs
(8E) Other sexual offences
53. Administration of drugs etc.
54. Occupier etc. permitting unlawful sexual penetration
55. Abduction or detention
56. Abduction of child under the age of 16.
57. Procuring sexual penetration by threats or fraud
58. Procuring sexual penetration of a child
59. Bestiality
60. Repealed
60A. Sexual offence while armed with an offensive weapon
(8EAA) Sexual servitude
60AB. Sexual servitude
60AC. Aggravated sexual servitude
60AD. Deceptive recruiting for commercial sexual services
60AE. Aggravated deceptive recruiting for commercial sexual services
(8EA) Loitering by sexual offender
60B. Loitering near schools etc.
(8F) Jury warnings
61. Jury warnings
(8G) Abrogation of obsolete rules of law
62. Abrogation of obsolete rules of law
(9) Child stealing
63. Child stealing
(9A) Kidnapping
63A. Kidnapping
(10) Bigamy
64. Bigamy
(11) Attempts to procure abortion
65. Abortion performed by unqualified person
66. Abortion-Abolition of common law offences
(12) Concealing the birth of a child
67. Concealing birth of a child
(13) Child pornography
67A. Definitions
68. Production of child pornography
69. Procurement etc. of minor for child pornography
70. Possession of child pornography
70AA. Forfeiture
(14) Sexual performances involving a minor
70AB. Definitions
70AC. Sexual performance involving a minor

Division 1A-Piracy

70A. Piracy with violence
70B. Piratical acts
70C. Trading etc. with pirates
70D. Being found on board piratical vessel and unable to prove non-complicity

Division 2-Theft and similar or associated offences

71. Definitions
72. Basic definition of theft
73. Further explanation of theft
Theft, robbery, burglary, &c.
74. Theft
74A. Shop theft
75. Robbery
75A. Armed robbery
76. Burglary
77. Aggravated burglary
78. Removal of articles from places open to the public
79. Repealed
80. Unlawfully taking control of an aircraft
Fraud and blackmail
80A. Extra-territorial offences
81. Obtaining property by deception
82. Obtaining financial advantage by deception
83. False accounting
83A. Falsification of documents
83B. Abolition of common law offences of forgery and uttering
84. Liability of company officers for certain offences by company
85. False statements by company directors etc.
86. Suppression etc. of documents
87. Blackmail
Offences relating to goods stolen, &c.
88. Handling stolen goods
88A. Alternative charges of theft and handling stolen goods
89. Advertising rewards for return of goods stolen or lost
90. Scope of offences relating to stolen goods
Possession of housebreaking implements, &c.
91. Going equipped for stealing etc.
92. Search for stolen goods
93. Procedure and evidence
94. Repealed
General and consequential provisions
95. Husband and wife
96-174. Repealed
Secret commissions prohibition
175. Definitions
176. Receipt or solicitation of secret commission by an agent
an indictable offence
177. Secret gifts to parent, wife, child, partner etc. of agent
deemed gifts to agent
178. Giving or receiving false or misleading receipt or account
an indictable offence
179. Gift or receipt of secret commission in return for advice
given
180. Secret commission to trustee in return for substituted appointment
181. Aiding and abetting offences within or outside Victoria
182. Liability of directors etc. acting without authority
183. Repealed
184. Protection of witness giving answers criminating himself
185. Stay of proceedings against such witness
186. Custom of itself no defence
Fraudulently inducing persons to invest
187-190. Repealed
191. Fraudulently inducing persons to invest money
192. Repealed

Division 2AA-Identity crime

192A. Definitions
192B. Making, using or supplying identification information
192C. Possession of identification information
192D. Possession of equipment used to make etc. identification documentation
192E. Not an offence to attempt to commit an identity crime
offence

Division 2A-Money laundering etc.

193. Definitions
194. Dealing with proceeds of crime
195. Dealing with property suspected of being proceeds of crime
195A. Dealing with property which subsequently becomes an instrument of crime

Division 3-Criminal damage to property
(1) General offences and procedural provisions

196. Definition
197. Destroying or damaging property
197A. Arson causing death
198. Threats to destroy or damage property
199. Possessing anything with intent to destroy or damage property
200. Repealed
201. Lawful excuse
201A. Intentionally or recklessly causing a bushfire
202. Jurisdiction of magistrates' courts
203-205. Repealed
(2) Injuries to buildings &c. by rioters and forcible entries and
detainers
206. Rioters demolishing buildings
207. Forcible entry
208-224. Repealed
(3) Interference with mines, sea banks &c., railways and navigation aids
225. Conveying water into a mine
226, 227. Repealed
228. Removing etc. piles of sea banks
229-231. Repealed
232. Placing things on railways to obstruct or overturn engine etc.
233. Obstructing engine, carriage etc. on railway
234-243. Repealed
244. Altering signals or exhibiting false ones
245. Removing buoy etc.
246. Repealed
(4) Injuries to aircraft
246A. Endangering safe operation of an aircraft
246B. Setting fire etc. to aircraft
246C. Endangering safety of aircraft
246D. Dangerous goods on aircraft
246E. Threats to safety of aircraft
246F. Repealed
(5) False statements
247. False statements
(6) Computer offences
247A. Interpretation
247B. Unauthorised access, modification or impairment with
intent to commit serious offence
247C. Unauthorised modification of data to cause impairment
247D. Unauthorised impairment of electronic communication
247E. Possession of data with intent to commit serious computer offence
247F. Producing, supplying or obtaining data with intent to
commit serious computer offence
247G. Unauthorised access to or modification of restricted data
247H. Unauthorised impairment of data held in computer disk, credit card or other device
247I. Extra-territorial operation of offences
(7) Sabotage
247J. Interpretation
247K. Sabotage
247L. Threats to sabotage

Division 4-Contamination of goods

248. Interpretation
249. Contaminating goods with intent to cause, or being reckless
as to whether it would cause, public alarm or economic loss
250. Threatening to contaminate goods with intent to cause, or
being reckless as to whether it would cause, public alarm or economic loss
251. Making false statements concerning contamination of goods
with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss
252. Territorial nexus for offences

Division 5-Destruction of evidence

253. Definitions
254. Destruction of evidence
255. Corporate criminal responsibility for offence against
section 254.
256-289. Repealed
290-313. Repealed

Division 6-Perjury

314. Perjury
315. All evidence material with respect to perjury

Division 7-Unlawful oaths

316. Unlawful oaths to commit treason, murder etc.

Division 8-Offences connected with explosive substances

317. Offences connected with explosive substances
317A. Bomb hoaxes

Division 9-Driving offences connected with motor vehicles

317B. Interpretation
318. Culpable driving causing death
319. Dangerous driving causing death or serious injury

Division 9AA-Offences connected with dangerous, menacing
and restricted breed dogs

319A. Definitions
319B. Failure to control dangerous, menacing or restricted breed dog that kills person
319C. Recklessness as to whether controlling dangerous,
menacing or restricted breed dog may place another
person in danger of death

Division 9A-Penalties for certain common law offences

320. Maximum term of imprisonment for certain common law offences

Division 10-Conspiracy

321. Conspiracy to commit an offence
321A. Agreements to commit offences outside Victoria
321B. As to consequences of acquittal of co-conspirators
321C. Penalties for conspiracy
321D. Application of certain provisions
321E. Limitations on prosecution
321F. Abolition of certain offences of conspiracy at common
law

Division 11-Incitement

321G. Incitement
321H. Incitement to commit offences outside Victoria
321I. Penalties for incitement
321J. Application of certain provisions
321K. Limitations on prosecution
321L. Incitement at common law abolished

Division 12-Attempts

321M. Attempt
321N. Conduct constituting attempt
321O. Attempts to commit offence outside Victoria
321P. Penalties for attempt
321Q. Limitations on prosecution
321R. Application of Division
321S. Abolition of attempt at common law
322. Repealed

PART IA-ABOLITION OF OBSOLETE OFFENCES

322A. Maintenance and certain other offences abolished

PART IB-ABOLITION OF HISTORICAL CLASSIFICATIONS

322B. Abolition of distinctions between felony and
misdemeanour
322C. Nomenclature
322D. Transitional provisions
322E. Treason and misprision of treason not affected
322F. Other enactments not affected

PART II-OFFENDERS

Division 1-Abettors, accessories and concealers of offences
(1) Abettors in indictable offences

323. Abettors in indictable offences triable as principal offenders
(2) Abettors in offences punishable summarily
324. Abettors in summary offences triable as principal offenders
(3) Accessories
325. Accessories
(4) Concealers of offences
326. Concealing offences for benefit
327-333. Repealed
(5) Repealed
334. Repealed

Division 2-Repealed

335. Repealed

Division 3-Criminal liability of married persons

336. Marital coercion
337. Misprision
338. Accessory after the fact
339. Conspiracy and incitement

PART IIA-EXTRA-TERRITORIAL OFFENCES

340. Definitions
341. Issue of search warrant
342. Authority conferred by and other incidents of a search warrant
343. Obstruction
344. Ministerial arrangements for transmission and return of seized objects
345. Regulations
346-350. Repealed

PART III-PROCEDURE AND PUNISHMENT

Division 1-Pleading procedure, proof &c.
(1)-(13) Repealed

351-397. Repealed
(14) Evidence. Depositions. Subpoenas and warrants against
witnesses
398-403. Repealed
404. Proof of marriage on trial for bigamy
405. Meaning of term official record
406-415. Repealed
(15)-(17) Repealed
416-418. Repealed
(18) View
419. Repealed
(19) Verdicts. Attempts, &c.
420. Repealed
420A. Where person charged with unlawful publication of defamatory matter
421. Alternative verdicts on charge of murder
422. Repealed
422A. Alternative verdict for certain charges relating to driving
423, 424. Repealed
425. Alternative verdicts for certain charges of sexual offences
426. Alternative verdict for identity crime offences
427. Alternative verdict for destroying property charges
428. Alternative verdict for charges of unauthorised modification
of data to cause impairment
429. Alternative verdict for charges of unauthorised impairment
of electronic communication
430-434. Repealed
435. Alternative verdict for charges relating to riots
(19A)-(29) Repealed
435A-456 Repealed
(29A) Giving name and address on demand
456AA. Requirement to give name and address
(29B) Repealed
456A-456F Repealed
(30) Apprehension of offenders
457. No person to be arrested without warrant except under this Act etc.
458. Person found committing offences may be arrested without warrant by any person
459. Powers of member of police force or protective services
officer to apprehend offenders
459A. Entry and search of premises
460. Repealed
461. Arrest on reasonable grounds not to be taken to be unlawful
462. Definition of finds committing
462A. Use of force to prevent the commission of an indictable offence
463. Repealed
463A. Arrest of offenders on board aircraft
463B. Prevention of suicide
(30A) Custody and investigation
464. Definitions
464AA. Digital recordings
464A. Detention of person in custody
464B. Questioning or investigation of person already held for another matter
464C. Right to communicate with friend, relative and legal practitioner
464D. Right to an interpreter
464E. Persons under 18 years
464F. Right of foreign national to communicate with consular
office
464G. Recording of information required to be given to person
in custody
464H. Recording of confessions and admissions
464I. No power to detain person not under arrest
464J. Right to remain silent etc. not affected
464JA. Offences in relation to recordings
464JB. Court may give directions in relation to a recording
464JC. Retention of copy of recording
464JD. Use of recordings for training, teaching or testing purposes
Fingerprinting
464K. Fingerprinting of adults and children aged 15 or above
464L. Fingerprinting of children aged 14 or under
464M. Children's Court may order fingerprinting
464N. Taking of fingerprints
464NA. Fingerscanning for identification purposes
464O. Destruction of records
464P. Records of juvenile
464Q. Evidence of fingerprints
Forensic procedures
464R. Forensic procedure on adult
464S. Informed consent
464SA. Senior police officer may authorise non-intimate
compulsory procedure for certain adults
464SB. Making or refusing authorisation
464T. Court may order compulsory procedure
464U. Forensic procedure on child
464V. Interim orders
464W. Application by telephone for interim order
464X. Warrants
464Y. Caution before forensic procedure
464Z. Procedure for taking samples etc.
464ZA. Execution of authorisation or order
464ZB. Analysis of samples
464ZC. Analysis of material found at scene of offence etc.
464ZD. Forensic reports to be made available
464ZE. Evidence relating to forensic procedures
464ZF. Forensic procedure following the commission of forensic sample offence
464ZFAAA.Forensic procedure following finding of not guilty
because of mental impairment
464ZFAA.Notice to attend for forensic procedure
464ZFA. Warrants issued for forensic procedures under
section 464ZF or 464ZFAAA.
464ZFB. Retention of information following finding of guilt etc.
464ZFC. Destruction of information following finding of
guilt etc.
464ZFD. Victorian DNA database
464ZFE. Report to Attorney-General
464ZG. Destruction of identifying information
464ZGA. Forensic information from juveniles
464ZGB. Samples given voluntarily
464ZGC. Withdrawal of consent prior to giving sample
464ZGD. Procedure to take sample
464ZGE. Safeguards after giving sample
464ZGF. Application to court where consent to retention of
sample withdrawn
DNA database systems
464ZGG. Supply of forensic material for purposes of DNA
database
464ZGH. Use of information on Victorian DNA database
464ZGI. Permissible matching of DNA profiles
464ZGJ. Recording, retention and removal of identifying
information on DNA database
464ZGK. Disclosure of Victorian information
Inter-jurisdictional enforcement
464ZGL. Registration of orders
464ZGM. Carrying out of registered orders
464ZGN. Arrangements for transmission of information on
DNA database
464ZGO. Taking, retention and use of forensic material
authorised by laws of other jurisdictions
General
464ZH. Immunity of medical practitioners, nurses, midwives, dentists and other persons
464ZI. Supreme Court-limitation of jurisdiction
464ZJ. Regulations
464ZK. Operation of other Acts
464ZL. Validation of certain orders
(31) Search warrants for and seizure of things
465. Issue of search warrant by magistrate
465A. Notice that seized thing is being held for purposes of Confiscation Act 1997.
465B. Application for tainted property to be held or retained-return of warrant to court
465C. Court may make direction
465D. Notice of direction under section 465C.
465E. Effect of directions under sections 465(1B) and 465C.
466. Justice may issue warrant to search for gunpowder
467-469. Repealed
469AA. Seizure and destruction of documents containing libel
469A. Power of persons to search aircraft
(32) Search warrants for women and girls
470. Power of search when female unlawfully detained for immoral purposes
(33) Repealed
471. Repealed

Division 2-Punishment
(1) Sentences for offences

472-476A Repealed
476B. Young person sentenced to life imprisonment
477-479. Repealed
479A. Rescuing of prisoner from lawful custody
479B. Aiding a prisoner in escaping
479C. Escape and related offences
(2) Repealed
480-484. Repealed
(3) Execution of sentences
485-492. Repealed
493. Sentences of imprisonment etc. to be carried out according
to law relating to prisons
494. Repealed
(4)-(6) Repealed
495-505. Repealed

Division 3-Regulations

505A. Regulations

PART IV-PROBATION AND PAROLE PROVISIONS

506. Definitions

Division 1-Probation
(1) Probation officers

507. Probation officers
(2)-(5) Repealed
508-520. Repealed

Division 2-Repealed

521-541. Repealed

Division 3-Regulations

542. Regulations

PART V-PROPERTY OF PERSONS CONVICTED OF TREASON OR AN INDICTABLE OFFENCE. ORDERS AS
TO COSTS

543-544. Repealed
545. Persons convicted of treason or indictable offence may pay
costs
546. Repealed
547. Definition of forfeiture and convict
548. When convict shall cease to be subject to operation of this
Part
549-561. Repealed
562. Execution of judgments against convict provided for
563. Proceedings to recover property of convict from third person
564. Third person etc. accountable to convict when property
reverts
565. Saving of general law as to indictable offence

PART VI-Repealed

566-584. Repealed

PART 7-GENERAL

585. Supreme Court-limitation of jurisdiction
585A. Transitional provisions-(Crimes (Sexual Offences) Act 1991)
585B. Transitional provisions-(Crimes (Amendment)
Act 1993)
585C. Transitional provisions-(Miscellaneous Acts (Omnibus Amendments) Act 1996)
585D. Transitional provisions-(Sentencing and Other Acts (Amendment) Act 1997)
586. Transitional provisions (Sentencing (Amendment) Act 1997)

587. Transitional provisions (Crimes (Amendment) Act 1997-Part 2)

588. Transitional provisions (Crimes (Amendment) Act 1997-Part 3)

589. Transitional provisions (Crimes (Amendment) Act 1997-Part 4)

590. Transitional provision-Crimes, Confiscation and Evidence Acts (Amendment) Act 1998.
591. Transitional provision-Crimes (Amendment) Act 1998.
592. Transitional provisions-Magistrates' Court (Amendment) Act 1999.
593. Transitional provisions-Crimes (Amendment) Act 2000.
593A. Transitional provision-Crimes (Questioning of
Suspects) Act 2000.
594. Transitional provision-Magistrates' Court (Committal Proceedings) Act 2000.
596. Transitional provisions-Crimes (DNA Database) Act 2002.
597. Transitional provision-Crimes (Property Damage and Computer Offences) Act 2003.
598. Transitional provision-Crimes (Stalking) Act 2003.
599. Transitional provision-Crimes (Money Laundering)
Act 2003.
600. Transitional provisions-Crimes (Dangerous Driving) Act 2004.
601. Transitional provision-Children and Young Persons (Age Jurisdiction) Act 2004.
602. Transitional provision-Crimes (Contamination of Goods) Act 2005.
603. Transitional provision-Crimes (Homicide) Act 2005.
604. Transitional provision-Justice Legislation (Miscellaneous Amendments) Act 2006.
605. Transitional provision-Justice Legislation (Further Miscellaneous Amendments) Act 2006.
606. Transitional provision-Courts Legislation (Jurisdiction) Act 2006.
606A. Transitional provision-Crimes (Sexual Offences)
Act 2006.
607. Transitional provision-Crimes (Sexual Offences) (Further Amendment) Act 2006.
608. Transitional provisions-Crimes Amendment (DNA
Database) Act 2007.
609. Transitional provision-Crimes Amendment (Rape)
Act 2007.
610. Transitional provision-Crimes Amendment (Child
Homicide) Act 2008.
612. Transitional provision-Justice Legislation Amendment
(Sex Offences Procedure) Act 2008.
613. Transitional provision-Statute Law Amendment (Evidence Consequential Provisions) Act 2009.
614. Transitional provision-Justice Legislation Miscellaneous Amendments Act 2009.
615. Transitional provision-Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009.
616. Transitional provision-Justice Legislation Further Amendment Act 2010.
617. Transitional provision-Crimes Amendment (Bullying) Act 2011.
__________________
SCHEDULE 1-Repeals
2-6-Repealed
SCHEDULE 7-Summary Offences for which a Person may be Fingerprinted
SCHEDULE 7A-Repealed
SCHEDULE 8-Forensic Sample Offences
8A-11-Repealed
_______________
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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