Victorian Current Acts

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CRIMES ACT 1958 - SECT 5

Punishment of manslaughter

Whosoever is convicted of manslaughter shall be liable to level 3 imprisonment (20 years maximum).

Notes to s. 5 inserted by No. 72/2014 s. 4, amended by No. 65/2016 s. 20(3)(4).

Notes

1     Manslaughter is a category 2 offence under the Sentencing Act 1991 . See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.

2     Sections 9B and 9C of the Sentencing Act 1991 require that, in certain circumstances, a term of imprisonment be imposed for manslaughter and a non-parole period of not less than 10 years be fixed under section 11 of that Act unless the court finds under section 10A of that Act that a special reason exists.

3     If a court makes a finding under section 10A of the Sentencing Act 1991 that a special reason exists, the requirements of section 9B or 9C of that Act do not apply and the court has full sentencing discretion.

4     Sections 9B and 9C of the Sentencing Act 1991 do not apply unless the DPP serves and files a notice under section 9A of that Act.

S. 5A
inserted by No. 7/2008 s. 3.



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