Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMES ACT 1958 - SECT 3

Punishment for murder

    (1)     Notwithstanding any rule of law to the contrary, a person convicted of murder is liable to—

S. 3(a) substituted by No. 49/1991 s. 119(1)
(Sch. 2 item 1(b)), amended by No. 48/1997
s. 60(1)(Sch. 1 item 1).

        (a)     level 1 imprisonment (life); or

S. 3(b) amended by No. 49/1991 s. 119(1)
(Sch. 2 item 1(c)).

        (b)     imprisonment for such other term as is fixed by the court—

as the court determines.

Note to s. 3(1) inserted by No. 65/2016 s. 20(1).

Note

Murder is a category 1 offence under the Sentencing Act 1991 . See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.

S. 3(2) inserted by No. 52/2014 s. 12, substituted by No. 69/2014 s. 11.

    (2)     The baseline sentence for murder is—

        (a)     30 years if the court, in determining sentence, is satisfied that the prosecution has proved beyond reasonable doubt that—

              (i)     the person murdered was an emergency worker on duty; and

              (ii)     at the time of carrying out the conduct the accused knew or was reckless as to whether that person was an emergency worker; and

        (b)     in any other case, 25 years.

S. 3(3) inserted by No. 69/2014 s. 11.

    (3)     In subsection (2)(a) emergency worker on duty and emergency worker have the same meanings as in section 10AA of the Sentencing Act 1991 .

Note to s. 3 inserted by No. 69/2014 s. 11.

Note

See section 5A of the Sentencing Act 1991 as to baseline sentences.

S. 3A
inserted by No. 9576 s. 3(1).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback