Victorian Consolidated Legislation

Crimes Act 1958 - SCHEDULE 8

Sections 464ZF, 464ZFAAA FORENSIC SAMPLE OFFENCES A forensic sample offence
is: Offences against the person-non-sexual offences
1. Murder.
2. An offence against, or for which the penalty or the maximum or minimum
penalty is fixed by, section 4 (conspiracy to murder) (as amended) of the
Crimes Act 1958 repealed on 1 June 1984 by section 8(b) of the Crimes
(Conspiracy and Incitement) Act 1984.
3. Manslaughter.
3AA. Child homicide.
3A. Defensive homicide.
4. An offence against, or for which the penalty or the maximum or minimum
penalty is fixed by, any of the following sections of the Crimes Act 1958:

   (a)  section 16 (causing serious injury intentionally);

   (b)  section 17 (causing serious injury recklessly);

   (c)  section 19A (intentionally causing a very serious disease);

   (d)  section 63 (child stealing);

   (e)  section 63A (kidnapping).
5. An offence against, or for which the penalty or the maximum or minimum
penalty is fixed by, any of the following provisions (as amended) of the
Crimes Act 1958 repealed on 24 March 1986 by section 8(2) of the Crimes
(Amendment) Act 1985:

   (a)  section 17 (intentionally causing grievous bodily harm or shooting,
        etc. with intention to do grievous bodily harm or to resist or prevent
        arrest);

   (b)  section 19 (inflicting bodily injury);

   (c)  section 19A (inflicting grievous bodily harm);

   (d)  section 20 (attempting to choke, etc. in order to commit an indictable
        offence).
6. The common law offence of kidnapping.
6A. The common law offence of false imprisonment. Offences against the
person-sexual offences
7. An offence against, or for which the penalty or the maximum or minimum
penalty is fixed by, any of the following sections of the Crimes Act 1958:

   (a)  section 38 (rape);

   (ab) section 38A (compelling sexual penetration);

   (b)  section 39 (indecent assault) if-

   (i)  immediately before or during or immediately after the commission of
        the offence and at, or in the vicinity of, the place where the offence
        was committed, the offender inflicted serious personal violence on the
        victim or did an act which was likely seriously and substantially to
        degrade or humiliate the victim, whether or not the serious personal
        violence or that act constituted or formed part of the indecent
        assault; or

   (ii) the offender was aided or abetted by another person who was present;
        or

   (iii) the victim was under 16 years of age at the time of the commission of
        the offence;

   (c)  section 40 (assault with intent to rape);

   (d)  section 44(1), (2) or (4) (incest) but not section 44(4) if both
        people are aged 18 or older and each consented (as defined in
        section 36 of the Crimes Act 1958) to engage in the sexual act;

   (e)  section 45(1) (sexual penetration of child under the age of 16);

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   (g)  section 47(1) (indecent act with child under the age of 16);

   (h)  section 47A(1) (persistent sexual abuse of child under the age of 16);

   (i)  section 49A(1) (facilitating sexual offences against children);

   (j)  section 51 (sexual offences against persons with a cognitive
        impairment);

   (k)  section 52 (sexual offences against persons with a cognitive
        impairment by providers of special programs);

   (l)  section 53 (administration of drugs, etc.);

   (m)  section 55 (abduction or detention);

   (n)  section 56 (abduction of child under the age of 16);

   (o)  section 57 (procuring sexual penetration by threats or fraud);

   (p)  section 58 (procuring sexual penetration of child);

   (q)  section 76 (burglary) in circumstances where the offender entered the
        building or part of the building as a trespasser with intent to commit
        a sexual or indecent assault;

   (r)  section 77 (aggravated burglary) in circumstances where the offender
        entered the building or part of the building as a trespasser with
        intent to commit a sexual or indecent assault.
7A. An offence against section 45(1) (sexual penetration of child under the
age of 10) (as amended) of the Crimes Act 1958 inserted in the Crimes Act 1958
on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and
repealed by section 5 of the Crimes (Amendment) Act 2000.
7B. An offence against section 46(1) (sexual penetration of child aged between
10 and 16) (as amended) of the Crimes Act 1958 inserted in the Crimes Act 1958
on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and
repealed by section 5 of the Crimes (Amendment) Act 2000.
8. An offence against, or for which the penalty or the maximum or minimum
penalty is fixed by, any of the following provisions (as amended) inserted in
the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual
Offences) Act 1991 and repealed on 1 January 1992 by section 3 of the Crimes
(Rape) Act 1991:

   (a)  section 40 (rape);

   (b)  section 41 (rape with aggravating circumstances);

   (c)  section 43 (indecent assault with aggravating circumstances).
9. An offence against, or for which the penalty or the maximum or minimum
penalty is fixed by, any of the following provisions (as amended) inserted in
the Crimes Act 1958 on 1 March 1981 by section 5 of the Crimes (Sexual
Offences) Act 1980 and repealed on 5 August 1991 by section 3 of the Crimes
(Sexual Offences) Act 1991:

   (a)  section 44(1) (indecent assault);

   (b)  section 44(2) (indecent assault with aggravating circumstances);

   (c)  section 45(1) (rape);

   (d)  section 45(2) (attempted rape);

   (e)  section 45(2) (assault with intent to commit rape);

   (f)  section 45(3) (rape with aggravating circumstances);

   (g)  section 45(4) (attempted rape with aggravating circumstances);

   (h)  section 45(4) (assault with intent to commit rape with aggravating
        circumstances);

   (i)  section 47(1) (sexual penetration of child under the age of 10);

   (j)  section 47(2) (attempted sexual penetration of child under the age of
        10);

   (k)  section 47(2) (assault with intent to take part in act of sexual
        penetration with child under the age of 10);

   (l)  section 48(1) (sexual penetration of child aged between 10 and 16);

   (m)  section 48(2) (attempted sexual penetration of child aged between 10
        and 16);

   (n)  section 48(2) (assault with intent to take part in act of sexual
        penetration with child aged between 10 and 16);

   (o)  section 50(1) (gross indecency with child under the age of 16);

   (p)  section 51 (sexual penetration of mentally ill or intellectually
        defective person);

   (q)  section 51 (attempted sexual penetration of mentally ill or
        intellectually defective person);

   (r)  section 51 (assault with intent to take part in act of sexual
        penetration with mentally ill or intellectually defective person);

   (s)  section 52 (incest) but not section 52(4) or (5) if both people are
        aged 18 or older and each consented to taking part in the act of
        sexual penetration;

   (t)  section 54 (procuring persons by threats or fraud);

   (u)  section 55 (administration of drugs, etc.);

   (v)  section 56 (abduction and detention);

   (w)  section 61 (unlawful detention for purposes of sexual penetration).
10. An offence against, or for which the penalty or the maximum or minimum
penalty is fixed by, any of the following provisions (as amended) of the
Crimes Act 1958 repealed on 1 March 1981 by section 5 of the Crimes (Sexual
Offences) Act 1980:

   (a)  section 44(1) (rape);

   (b)  section 44(2) (rape with mitigating circumstances);

   (c)  section 45 (attempted rape);

   (d)  section 45 (assault with intent to rape);

   (e)  section 46 (unlawfully and carnally knowing and abusing a girl under
        the age of 10);

   (f)  section 47 (attempting to unlawfully and carnally know and abuse girl
        under the age of 10);

   (g)  section 47 (assault with intent to unlawfully and carnally know and
        abuse girl under the age of 10);

   (h)  section 48(1) (unlawfully and carnally knowing and abusing girl aged
        between 10 and 16);

   (i)  section 48(2) (attempting to unlawfully and carnally know and abuse
        girl aged between 10 and 16);

   (j)  section 48(2) (assault with intent to unlawfully and carnally know and
        abuse girl aged between 10 and 16);

   (k)  section 52 (incest) but not section 52(3) or (4) if the woman or girl
        is the sister of the offender and both are aged 18 or older and the
        carnal knowledge or attempt or assault with intent to have unlawful
        carnal knowledge was or was made with the consent of the sister;

   (l)  section 54 (carnal knowledge of female mentally ill or intellectually
        defective person);

   (m)  section 54 (attempted carnal knowledge of female mentally ill or
        intellectually defective person);

   (n)  section 54 (assault with intent to carnally know female mentally ill
        or intellectually defective person);

   (o)  section 55(1) (indecent assault);

   (p)  section 55(3) (felonious indecent assault);

   (q)  section 57(1) or (2) (procuring defilement of woman by threats or
        fraud or administering drugs);

   (r)  section 59 (abduction of girl under eighteen with intent to have
        carnal knowledge);

   (s)  section 60 (unlawful detention with intent to have carnal knowledge);

   (t)  section 62 (forcible abduction of woman);

   (u)  section 68(1) (buggery);

   (v)  section 68(3A) or (3B) (indecent assault on male person);

   (w)  section 69(1) (act of gross indecency with girl under the age of 16).
11. An offence against, or for which the penalty or the maximum or minimum
penalty is fixed by, section 61 (abduction of woman from motives of lucre) of
the Crimes Act 1958 repealed on 1 March 1980 by section 5 of the Crimes
(Sexual Offences) Act 1980.

12. Any of the following common law offences:

   (a)  rape;

   (b)  attempted rape;

   (c)  assault with intent to rape.
12A. An offence that, at the time it was committed, was a forensic sample
offence. Property offences
13. An offence against, or for which the penalty or the maximum or minimum
penalty is fixed by, any of the following sections of the Crimes Act 1958:

   (a)  section 75 (robbery);

   (b)  section 75A (armed robbery);

   (c)  section 76 (burglary);

   (d)  section 77 (aggravated burglary).
14. An offence against, or for which the penalty or the maximum or minimum
penalty is fixed by, any of the following provisions of the Crimes Act 1958
repealed on 1 October 1974 by section 2(1)(b) of the Crimes (Theft) Act 1973:

   (a)  section 117 (robbery; larceny from the person);

   (b)  section 118 (assault with intent to rob);

   (c)  section 119 (robbery with wounding);

   (d)  section 120 (robbery under arms or company);

   (e)  section 128 (burglary by breaking out);

   (f)  section 130 (burglary with wounding);

   (g)  section 132 (entering house at night with intent to commit a felony);

   (h)  section 133 (breaking into etc., building within curtilage);

   (i)  section 134 (house-breaking);

   (j)  section 135 (house-breaking etc., with intent etc.);

   (k)  section 138 (larceny in the house);

   (l)  section 139 (larceny with menaces).
15. The common law offence of robbery abolished on 1 October 1974 by section
3(1) of the Crimes (Theft) Act 1973.
16. The common law offence of burglary abolished on 1 October 1974 by section
3(1) of the Crimes (Theft) Act 1973.
17. An offence against, or for which the penalty or the maximum or minimum
penalty is fixed by, any of the following sections of the Crimes Act 1958:

   (a)  section 197 (destroying or damaging property) in circumstances where
        the offence is charged as arson;

   (b)  section 197A (arson causing death);

   (c)  section 201A (intentionally or recklessly causing a bushfire);

   (d)  section 247K (sabotage);

   (e)  section 247L (threats to sabotage).
18. An offence against, or for which the penalty or the maximum or minimum
penalty is fixed by, any of the following provisions of the Crimes Act 1958
repealed on 1 July 1979 by section 2(1)(c) of the Crimes (Criminal Damage) Act
1978:

   (a)  section 196 (setting fire to church etc.);

   (b)  section 197 (setting fire to house anyone being in it);

   (c)  section 199 (setting fire to railway buildings etc.);

   (d)  section 200 (setting fire to public buildings);

   (e)  section 201 (setting fire to other buildings);

   (f)  section 202 (setting fire to goods in buildings);

   (g)  section 203 (attempting to set fire to buildings).
19. An offence against section 203A (placing inflammable substance with intent
to destroy, damage, etc.) (as amended) of the Crimes Act 1958 repealed on 1
July 1979 by section 2(1)(c) of the Crimes (Criminal Damage) Act 1978.
20. The common law offence of arson.
21. An offence against section 249, 250 or 251 (contamination of goods) of the
Crimes Act 1958. Explosive substances
21A. An offence against section 317 (offences connected with explosive
substances) of the Crimes Act 1958.
21B. An offence against section 317A (bomb hoaxes) of the Crimes Act 1958.
Parties to offence
21C. An offence against section 325(1) (assisting offender) of the
Crimes Act 1958 if the principal offence was any other forensic sample
offence. Drug offences
22. An offence against section 71 of the
Drugs, Poisons and Controlled Substances Act 1981 (trafficking in a quantity
of a drug or drugs of dependence that is not less than the large commercial
quantity applicable to that drug or those drugs).
23. An offence against section 71AA of the
Drugs, Poisons and Controlled Substances Act 1981 (trafficking in a quantity
of a drug or drugs of dependence that is not less than the commercial quantity
applicable to that drug or those drugs).
24. An offence against section 71AB of the
Drugs, Poisons and Controlled Substances Act 1981 (trafficking in a drug of
dependence to a child).
25. An offence against section 71AC of the
Drugs, Poisons and Controlled Substances Act 1981 (trafficking in a drug of
dependence).
26. An offence against section 72 of the
Drugs, Poisons and Controlled Substances Act 1981 (cultivation of a narcotic
plant in a quantity of a drug of dependence, being a narcotic plant, that is
not less than the large commercial quantity applicable to that narcotic
plant).
27. An offence against section 72A of the
Drugs, Poisons and Controlled Substances Act 1981 (cultivation of a narcotic
plant in a quantity of a drug of dependence, being a narcotic plant, that is
not less than the commercial quantity applicable to that narcotic plant).
28. An offence against section 72B of the
Drugs, Poisons and Controlled Substances Act 1981 (cultivation of a narcotic
plant for a purpose related to trafficking in that narcotic plant).
29. An offence against section 71 of the
Drugs, Poisons and Controlled Substances Act 1981 as in force immediately
before the commencement of the Drugs, Poisons and Controlled Substances
(Amendment) Act 2001 (trafficking in a drug of dependence).
30. An offence against section 72(1)(ab) of the
Drugs, Poisons and Controlled Substances Act 1981 as in force immediately
before the commencement of the Drugs, Poisons and Controlled Substances
(Amendment) Act 2001 (cultivation of a narcotic plant in circumstances where
the offence is committed in relation to a quantity of a drug of dependence,
being a narcotic plant, that is not less than the commercial quantity
applicable to that narcotic plant).

31. An offence against section 72(1)(b) of the
Drugs, Poisons and Controlled Substances Act 1981 as in force immediately
before the commencement of the Drugs, Poisons and Controlled Substances
(Amendment) Act 2001 (cultivation of a narcotic plant for a purpose related to
trafficking in that narcotic plant). __________________

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