Victorian Consolidated Legislation

Crimes Act 1958 - SECT 60A

Sexual offence while armed with an offensive weapon

60A. Sexual offence while armed with an offensive weapon





(1) A person who is found guilty of an offence under this Subdivision or under
Subdivision (8A), (8B), (8C) or (8D) and who carried an offensive weapon when
committing the offence is guilty of a summary offence and liable to level 7
imprisonment (2 years maximum).

(2) Despite anything to the contrary in the Sentencing Act 1991 or in any
other law, a court imposing a sentence under subsection (1)-

   (a)  must direct that the sentence be served cumulatively on any other
        sentence; and

   (b)  must not make an order suspending the whole or any part of the
        sentence.

(3) Despite anything to the contrary in this or any other Act or in any rule
of law, the court by which the person has been found guilty of an offence
under this Subdivision or under Subdivision (8A), (8B), (8C) or (8D) may hear
and determine the summary offence under this section without a jury and,
subject to any rules of court, the practice and procedure applicable in the
Magistrates' Court to the hearing and determination of summary offences shall
apply so far as is appropriate to the hearing and determination of the offence
under this section.

(4) Subsection (3) is in addition to, and does not limit the operation of,
section 359AA.

(8EAA) Sexual servitude