SENTENCING ACT 1991

Victorian Consolidated Legislation

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SENTENCING ACT 1991 - NOTES

No. 49 of 1991
Version incorporating amendments as at 1 October 2009

ENDNOTES

1. General Information
Minister's second reading speech-
Legislative Assembly: 19 March 1991
Legislative Council: 30 May 1991
The long title for the Bill for this Act was "A Bill to revise and restate the sentencing powers of courts, to provide sentencing principles to be applied by courts in sentencing offenders, to repeal the Penalties and Sentences Act 1985, to vary the penalties that may be imposed in respect of offences under the Crimes Act 1958, to make consequential amendments to various Acts and for other purposes.".
The Sentencing Act 1991 was assented to on 25 June 1991 and came into operation on 22 April 1992: Government Gazette 15 April 1992 page 898.
2. Table of Amendments
This Version incorporates amendments made to the Sentencing Act 1991 by Acts and subordinate instruments.
-------------------------------------------------------------
Crimes (Sexual Offences) Act 1991, No. 8/1991 (as amended by No. 49/1991)
Assent Date:
16.4.91
Commencement Date:
S. 20(3) on 5.8.91: Government Gazette 24.7.91 p. 2026
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Crimes (Rape) Act 1991, No. 81/1991
Assent Date:
3.12.91
Commencement Date:
Ss 7, 8 on 16.4.91: s. 2(2); ss 1-4, 6, 9, 10 on 1.1.92: Government Gazette 18.12.91 p. 3486; s. 5 on 1.2.92: Government Gazette 22.1.92 p. 114
Current State:
All of Act in operation
Crimes (Confiscation of Profits) (Amendment) Act 1991, No. 90/1991
Assent Date:
10.12.91
Commencement Date:
All of Act (except ss 26, 37) on 1.9.92; ss 26, 37 on 6.12.92: Government Gazette 12.8.92 p. 2179
Current State:
All of Act in operation
Sentencing (Amendment) Act 1993, No. 41/1993
Assent Date:
1.6.93
Commencement Date:
Ss 1, 2 on 1.6.93: s. 2(1); rest of Act (except ss 13, 15) on 15.8.93; ss 13, 15 on 1.11.93: Government Gazette 12.8.93 p. 2244
Current State:
All of Act in operation
Health and Community Services (General Amendment) Act 1993, No. 42/1993
Assent Date:
1.6.93
Commencement Date:
S. 60 on 21.8.94: Government Gazette 18.8.94 p. 2240
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Crimes (Criminal Trials) Act 1993, No. 60/1993
Assent Date:
8.6.93
Commencement Date:
Ss 1-3 on 8.6.93: s. 2(1); s. 27 on 21.6.93: Special Gazette (No. 40) 17.6.93 p. 1; rest of Act on 1.7.93: Government Gazette 1.7.93 p. 1735
Current State:
All of Act in operation
Medical Practice Act 1994, No. 23/1994
Assent Date:
17.5.94
Commencement Date:
Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94: Government Gazette 23.6.94 p. 1672
Current State:
All of Act in operation

Sentencing (Victim Impact Statement) Act 1994, No. 24/1994
Assent Date:
17.5.94
Commencement Date:
Ss 1-3 on 17.5.94: s. 2(1); ss 4-9 on 31.5.94: Government Gazette 26.5.94 p. 1265
Current State:
All of Act in operation
Public Prosecutions Act 1994, No. 43/1994
Assent Date:
7.6.94
Commencement Date:
Pt 1 (ss 1-3) on 7.6.94: s. 2(1); rest of Act on 1.7.94: s. 2(3)
Current State:
All of Act in operation
Constitution (Court of Appeal) Act 1994, No. 109/1994
Assent Date:
20.12.94
Commencement Date:
Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1
Current State:
All of Act in operation
Public Prosecutions (Amendment) Act 1995, No. 36/1995
Assent Date:
6.6.95
Commencement Date:
6.6.95
Current State:
All of Act in operation
Mental Health (Amendment) Act 1995, No. 98/1995
Assent Date:
5.12.95
Commencement Date:
Ss 1, 2 on 5.12.95: s. 2(1); s. 60 on 26.5.96: Government Gazette 9.5.96 p. 1099; rest of Act on 1.7.96: Government Gazette 27.6.96 p. 1593
Current State:
All of Act in operation
Miscellaneous Acts (Omnibus Amendments) Act 1996, No. 22/1996
Assent Date:
2.7.96
Commencement Date:
Pt 9 (ss 19-21) on 2.7.96: s. 2(1)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Corrections (Amendment) Act 1996, No. 45/1996
Assent Date:
26.11.96
Commencement Date:
S. 18(Sch. 2 items 11.1-11.15) on 6.2.97: Government Gazette 6.2.97 p. 257
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Victims of Crime Assistance Act 1996, No. 81/1996
Assent Date:
17.12.96
Commencement Date:
Ss 74, 75 on 1.7.97: s. 2(3)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Police and Corrections (Amendment) Act 1997, No. 26/1997
Assent Date:
20.5.97
Commencement Date:
S. 54 on 22.5.97: Government Gazette 22.5.97 p. 1131
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997
Assent Date:
11.6.97
Commencement Date:
Ss 3, 4(b)-(e), 5-7, 8(2)(b)(c), 10, 11, 13(1), 14, 
16-18, 19(1), 20, 22, 25, 27-34 on 1.9.97: s. 2(2); ss 9, 13(2)-(4), 15, 19(2)(3), 21, 26 on 20.11.97: Government Gazette 20.11.97 p. 3169; ss 4(a), 8(1)(2)(a), 12, 23, 24 on 15.12.97: Government Gazette 11.12.97 p. 3365
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Sentencing (Amendment) Act 1997, No. 69/1997
Assent Date:
18.11.97
Commencement Date:
Ss 17, 19, 21 on 1.9.97: s. 2(2); ss 4-6, 9-16, 18, 20 on 18.11.97: s. 2(1); ss 7, 8 on 11.12.97: Government Gazette 11.12.97 p. 3365
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Confiscation Act 1997, No. 108/1997
Assent Date:
23.12.97
Commencement Date:
Ss 148, 149, 156 on 1.7.98: Government Gazette 25.6.98 p. 1561
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Road Safety (Amendment) Act 1998, No. 57/1998
Assent Date:
13.10.98
Commencement Date:
Ss 26, 27 on 1.5.99: Government Gazette 18.3.99 p. 665
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Magistrates' Court (Amendment) Act 1999, No. 10/1999
Assent Date:
11.5.99
Commencement Date:
Ss 30, 31(4) on 11.5.99: s. 2(1); ss 18(1)-(3), 19 on 1.7.99: s. 2(2)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Sentencing (Amendment) Act 1999, No. 19/1999
Assent Date:
18.5.99
Commencement Date:
S. 16 on 18.5.99: s. 2(1); ss 4-15 on 1.1.00: s. 2(3)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991

Dental Practice Act 1999, No. 26/1999 (as amended by No. 27/2000)
Assent Date:
1.6.99
Commencement Date:
S. 107(Sch. item 8) on 1.7.00: s. 2(3)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Crimes (Criminal Trials) Act 1999, No. 35/1999
Assent Date:
8.6.99
Commencement Date:
S. 37 on 1.9.99: s. 2(3)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Courts and Tribunals Legislation (Amendment) Act 2000, No. 1/2000
Assent Date:
28.3.00
Commencement Date:
Ss 8, 9 on 29.3.00: s. 2(1)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Psychologists Registration Act 2000, No. 41/2000
Assent Date:
6.6.00
Commencement Date:
S. 102(Sch. item 6) on 1.6.01: s. 2(2)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Victims of Crime Assistance (Amendment) Act 2000, No. 54/2000
Assent Date:
12.9.00
Commencement Date:
Ss 21-24 on 1.1.01: s. 2(2)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Crimes (Amendment) Act 2000, No. 67/2000
Assent Date:
21.11.00
Commencement Date:
22.11.00 s. 2
Current State:
All of Act in operation
Magistrates' Court (Infringements) Act 2000, No. 99/2000
Assent Date:
12.12.00
Commencement Date:
Ss 15, 16 on 1.7.01: s. 2(3)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Corrections (Custody) Act 2001, No. 45/2001
Assent Date:
27.6.01
Commencement Date:
S. 45 on 1.3.02: s. 2(2)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Drugs, Poisons and Controlled Substances (Amendment) Act 2001, No. 61/2001
Assent Date:
23.10.01
Commencement Date:
S. 14 on 1.1.02: s. 2(2)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991

Sentencing (Emergency Service Costs) Act 2001, No. 80/2001
Assent Date:
4.12.01
Commencement Date:
5.12.01: s. 2
Current State:
All of Act in operation
Road Safety (Alcohol Interlocks) Act 2002, No. 1/2002
Assent Date:
26.3.02
Commencement Date:
Ss 11-14 on 13.5.02: Government Gazette 2.5.02 p. 789
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Sentencing (Amendment) Act 2002, No. 2/2002
Assent Date:
26.3.02
Commencement Date:
Ss 4-7 on 2.5.02: Government Gazette 2.5.02 p. 789
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Criminal Justice Legislation (Miscellaneous Amendments) Act 2002, No. 35/2002
Assent Date:
18.6.02
Commencement Date:
S. 28(Sch. item 5.1) on 2.5.02: s. 2(2); s. 28(Sch. item 5.2) on 19.6.02: s. 2(1)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Crimes (Property Damage and Computer Offences) Act 2003, No. 10/2003
Assent Date:
6.5.03
Commencement Date:
Ss 13, 14 on 7.5.03: s. 2
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Sentencing (Amendment) Act 2003, No. 13/2003
Assent Date:
6.5.03
Commencement Date:
Ss 4-6 on 1.7.04: s. 2(3)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Corrections and Sentencing Acts (Home Detention) Act 2003, No. 53/2003
Assent Date:
16.6.03
Commencement Date:
Ss 3-8 on 1.1.04: s. 2(5)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Confiscation (Amendment) Act 2003, No. 63/2003
Assent Date:
30.9.03
Commencement Date:
S. 50 on 1.12.03: s. 2(2)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Monetary Units Act 2004, No. 10/2004
Assent Date:
11.5.04
Commencement Date:
Ss 13, 15(Sch. 1 item 27) on 1.7.04: s. 2(2)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991

Justice Legislation (Sexual Offences and Bail) Act 2004, No. 20/2004
Endnotes
Assent Date:
18.5.04
Commencement Date:
S. 9 on 19.5.04: s. 2
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Transport Legislation (Miscellaneous Amendments) Act 2004, No. 49/2004
Assent Date:
16.6.04
Commencement Date:
Ss 43-45 on 17.6.04: s. 2(1)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Crimes (Dangerous Driving) Act 2004, No. 59/2004
Assent Date:
12.10.04
Commencement Date:
S. 9 on 13.10.04: s. 2
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Sentencing (Superannuation Orders) Act 2004, No. 65/2004
Assent Date:
12.10.04
Commencement Date:
S. 3 on 13.10.04: s. 2
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Children and Young Persons (Age Jurisdiction) Act 2004, No. 72/2004
Assent Date:
9.11.04
Commencement Date:
Ss 38-40 on 1.7.05: s. 2(2)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Major Crime Legislation (Seizure of Assets) Act 2004, No. 87/2004
Assent Date:
23.11.04
Commencement Date:
S. 24 on 1.1.05: s. 2(2)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Public Administration Act 2004, No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 181) on 5.4.05: Government Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Transport Legislation (Amendment) Act 2004, No. 110/2004
Assent Date:
21.12.04
Commencement Date:
S. 45 on 22.12.04: s. 2(1)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Serious Sex Offenders Monitoring Act 2005, No. 1/2005
Assent Date:
1.3.05
Commencement Date:
S. 48 on 26.5.05: Government Gazette 26.5.05 p. 1069
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991

Statute Law Revision Act 2005, No. 10/2005
Assent Date:
27.4.05
Commencement Date:
S. 4(Sch. 2 item 2) on 28.4.05: s. 2
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Sentencing (Further Amendment) Act 2005, No. 15/2005
Assent Date:
10.5.05
Commencement Date:
Ss 3-6 on 11.5.05: s. 2
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
Assent Date:
24.5.05
Commencement Date:
S. 18(Sch. 1 item 97) on 12.12.05: Government Gazette 1.12.05 p. 2781
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Magistrates' Court (Judicial Registrars and Court Rules) Act 2005, No. 19/2005
Assent Date:
24.5.05
Commencement Date:
S. 11(2) on 25.5.05: s. 2(1)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Parliamentary Administration Act 2005, No. 20/2005
Assent Date:
24.5.05
Commencement Date:
S. 52(3) on 1.7.05: s. 2(4)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Courts Legislation (Miscellaneous Amendments) Act 2005, No. 30/2005
Assent Date:
21.6.05
Commencement Date:
S. 8 on 22.6.05: s. 2(1)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Sex Offenders Registration (Amendment) Act 2005, No. 34/2005
Assent Date:
21.6.05
Commencement Date:
S. 27 on 1.8.05: Government Gazette 28.7.05 p. 1642
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Victoria State Emergency Service Act 2005, No. 51/2005
Assent Date:
24.8.05
Commencement Date:
S. 58(7)(8) on 1.11.05: Government Gazette 20.10.05 p. 2308
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991



Working with Children Act 2005, No. 57/2005 (as amended by No. 93/2005)
Assent Date:
13.9.05
Commencement Date:
S. 50 on 3.4.06: Government Gazette 30.3.06 p. 615
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Sentencing and Mental Health Acts (Amendment) Act 2005, No. 69/2005
Assent Date:
11.10.05
Commencement Date:
Ss 3-6 on 1.10.06: s. 2(3)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Crimes (Homicide) Act 2005, No. 77/2005
Assent Date:
22.11.05
Commencement Date:
S. 8(4) on 23.11.05: s. 2
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005, No. 93/2005
Assent Date:
29.11.05
Commencement Date:
S. 15 on 30.11.05: s. 2(1)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Health Professions Registration Act 2005, No. 97/2005
Assent Date:
7.12.05
Commencement Date:
S. 182(Sch. 4 item 45) on 1.7.07: s. 2(3)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Crimes (Sexual Offences) Act 2006, No. 2/2006 (as amended by No. 76/2006)
Assent Date:
7.3.06
Commencement Date:
S. 43 on 1.12.06: s. 2(2)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Disability Act 2006, No. 23/2006
Assent Date:
16.5.06
Commencement Date:
Ss 226-230 on 1.7.07: s. 2(3)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Education and Training Reform Act 2006, No. 24/2006
Assent Date:
16.5.06
Commencement Date:
S. 6.1.2(Sch. 7 item 35) on 1.7.07: Government Gazette 28.6.07 p. 1304
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991



Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
Assent Date:
13.6.06
Commencement Date:
Ss 92, 93 on 1.7.06: Government Gazette 29.6.06 p. 1315
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006
Assent Date:
15.8.06
Commencement Date:
S. 42(Sch. item 32) on 23.4.07: s. 2(3)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Courts Legislation (Jurisdiction) Act 2006, No. 50/2006
Assent Date:
15.8.06
Commencement Date:
Ss 38, 39 on 16.8.06: s. 2(1)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006
Assent Date:
10.10.06
Commencement Date:
S. 26(Sch. item 95) on 11.10.06: s. 2(1)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Road Legislation (Projects and Road Safety) Act 2006, No. 81/2006
Assent Date:
10.10.06
Commencement Date:
S. 7 on 11.10.06: s. 2(1)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Sentencing (Suspended Sentences) Act 2006, No. 82/2006
Assent Date:
10.10.06
Commencement Date:
S. 8 on 11.10.06: s. 2(1); ss 3-6(1), 7(1) on 1.11.06: s. 2(4); ss 6(2)(3), 7(2) on 23.4.07: s. 2(3)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Working With Children Amendment Act 2007, No. 56/2007
Assent Date:
7.11.07
Commencement Date:
S. 22 on 3.4.06: s. 2(2)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Crimes Amendment (Child Homicide) Act 2008, No. 7/2008
Assent Date:
18.3.08
Commencement Date:
S. 7(4) on 19.3.08: s. 2
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991

Criminal Procedure Legislation Amendment Act 2008, No. 8/2008
Assent Date:
18.3.08
Commencement Date:
Ss 3, 18 on 1.7.08: s. 2(5)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Relationships Act 2008, No. 12/2008
Assent Date:
15.4.08
Commencement Date:
S. 73(1)(Sch. 1 item 56) on 1.12.08: s. 2(2)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Justice Legislation Amendment (Sex Offences Procedure) Act 2008, No. 18/2008
Assent Date:
13.5.08
Commencement Date:
Ss 15-17 on 1.7.08: s. 2(2)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Justice Legislation Amendment Act 2008, No. 21/2008
Assent Date:
2.6.08
Commencement Date:
S. 25(1) on 3.6.08: Special Gazette (No. 148) 3.6.08 p. 1
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Family Violence Protection Act 2008, No. 52/2008
Assent Date:
23.9.08
Commencement Date:
Ss 265, 266 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Stalking Intervention Orders Act 2008, No. 68/2008
Assent Date:
18.11.08
Commencement Date:
Ss 82, 83 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
Crimes Amendment (Identity Crime) Act 2009, No. 22/2009
Assent Date:
17.6.09
Commencement Date:
Ss 5-7 on 1.10.09: s. 2(2)
Current State:
This information relates only to the provision/s amending the Sentencing Act 1991
-------------------------------------------------------------
3. Explanatory Details

1 S. 5(2AA):
Section 5 of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 inserted two new guidelines into section 5 of the Sentencing Act 1991.
Section 5(2AA)(a) is declaratory of the common law position that the court must not have regard in sentencing an offender to any possibility or likelihood that the length of time actually spent in custody by the offender will be affected by executive action of any kind.  Such executive action would include any action which the Adult Parole Board might take in respect of a sentence.
Section 5(2AA)(b) directs the court, when considering sentencing an offender, not to have regard to any sentencing practices which arose out of the application of section 10 of the Sentencing Act 1991.
Section 10(1) was in the following terms:
"When sentencing an offender to a term of imprisonment a court must consider whether the sentence it proposes would result in the offender spending more time in custody, only because of the abolition of remission entitlements by section 3 (1) of the Corrections (Remissions) Act 1991, than he or she would have spent had he or she been sentenced before the commencement of that section for a similar offence in similar circumstances."
If section 10(1) applied, section 10(2) required the court to reduce the sentence it would otherwise have passed by one third.  Section 10 of the Sentencing Act 1991 sunsetted on 22 April 1997.  The sunset clause was in the following terms:
"It is intended that the expiry of this section will not of itself have any effect on sentencing practices and that after the expiry a court will, as required by section 5(2)(b), have regard to sentencing practices current immediately before then as if this section had not expired."
In R v Boucher [1995] 1 VR 110, section 10 was interpreted to apply only to offences where the maximum penalty had remained unaltered by the Sentencing Act 1991.  The court took the view that Parliament had already taken into account the abolition of remissions when formulating the new penalties.  This led to inconsistent and anomalous sentencing practices, which had the effect of distorting the scale of effective maximum penalties.

Section 5(2AA)(b) requires the court to disregard any sentencing practices which developed from the application of section 10 of the Sentencing Act 1991.  This is intended to include the principles expressed in Boucher's case.
2 S. 5(2E): Section 29 of the Constitution (Court of Appeal) Act 1994, No. 109/1994 reads as follows:
	29.	Proceedings before Full Court
	(1)	The Constitution Act 1975, the Supreme Court Act 1986 and the Crimes Act 1958 and any other Act amended by this Act as respectively in force immediately before the commencement of this section continue to apply, despite the enactment of this Act, to a proceeding the hearing of which by the Full Court of the Supreme Court commenced before the commencement of this section.
	(2)	If the Court of Appeal so orders, anything required to be done by the Supreme Court in relation to or as a consequence of a proceeding after the Full Court has delivered judgment in that proceeding, may be done by the Court of Appeal.

3 S. 9: 
Section 9 of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 inserted a new section 9 into the Sentencing Act 1991 to provide the Magistrates' Court with the power to impose an aggregate sentence of imprisonment in certain circumstances.  The power to impose an aggregate sentence is founded on a proper joinder of the charges before the court.  (See for example the Crimes Act 1958, Rule 2, Sixth Schedule).  A similar power is contained in section 51 of the Sentencing Act 1991 in respect of fines.  The power is not limited to sentencing for summary offences, but applies to any proceedings in the Magistrates' Court, including indictable offences being tried summarily.




4 S. 16:
Sections 16 and 17 of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 concerned Youth Training Centre orders and Youth Residential Centre orders.  These sections amended various sections of the Sentencing Act 1991 to insert consistent terminology, for example, the use of "young offender" throughout the Act.  The amendments also clarified that, in sentencing a young offender, the Supreme and County courts may impose up to a maximum of 3 years detention.  Section 32 has also been amended to enable the court to order detention in a Youth Residential Centre in respect of young offenders who at the time of being sentenced are under 15 years of age.
The amendments clarified that the provisions of the Sentencing Act 1991 are paramount when courts other than the Children's Court are sentencing a young offender, who is defined in section 3 as being an offender who at the time of being sentenced is under the age of 21 years.  For an example of the difficulties which the courts have had in interpreting the interrelationship of the provisions of the Children and Young Persons Act 1989 and the Sentencing Act 1991 when sentencing children, see the case of R v Hill [1996] 2 VR 496.
5 S. 16(1A)(d):
Section 10 of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 amended section 16 of the Principal Act to deal with the sentencing of offenders who commit offences while on parole or bail.
New section 16(3B) of the Sentencing Act 1991 requires a sentence of imprisonment imposed on an offender for an offence committed while on parole to be served cumulatively on any period of imprisonment which that offender may be required to serve in custody on cancellation of the parole order, unless otherwise directed by the court because of the existence of exceptional circumstances.
In R v Kuru (1995) 78 A Crim R 447 the Victorian Court of Appeal held that an offender is not to be regarded as actually serving a sentence when released on parole.  Accordingly, there was no sentence in existence upon which another sentence could be ordered to be served cumulatively.  Under the new subsection, the court will be required to order cumulation of the sentence unless there are exceptional circumstances.
6 S. 16(1A)(e): See note 6.
7 S. 16(3B): See note 6.
8 S. 16(3C): See note 6.
9 S. 17: See note 5.
10 S. 18:
Section 11 of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 amended section 18 of the Sentencing Act 1991 by extending the circumstances in which a declaration pursuant to section 18(1) may be made.  Section 18 of the Sentencing Act 1991 provides a mechanism for recognising the period of time an offender has been held in custody prior to sentence, as well as for treating such terms as a period of imprisonment already served under the sentence.  The aim of the amendments was to enable section 18 declarations to be made in as many cases as possible.  It is no longer necessary for the time held in custody to be exclusively referable to the offence for which the offender is being sentenced before a declaration pursuant to section 18(1) of the Act is made.  See, for example, the case of R v Renzella, unreported, Court of Appeal (Vic.) 6/9/1996. 
Section 11(2)(a) clarified that such declarations cannot be made in respect of intensive correction orders.
Section 11(2)(b) inserted a new subsection (d) into section 18 to clarify that the offender should not receive a benefit for pre-sentence detention more than once for any specific period of pre-sentence custody. 
Section 11(3) amended section 18(4) of the Act to remove the inconsistent requirement referred to in R v McGrath, unreported, Court of Criminal Appeal (Vic.) 15/9/1992.  When a court imposes a sentence of imprisonment, in circumstances in which section 18(1) of the Act applies, it must make a declaration concerning whether any period of time is to be reckoned as a period of imprisonment served as part of the sentence imposed.  When a sentence of imprisonment is imposed it is not normally reduced by the amount of pre-sentence imprisonment.  Therefore any period of pre-sentence imprisonment which should be reckoned as part of that sentence which has been served, should be declared as served.
Corresponding amendments have been made to the provisions governing sentences of detention imposed on young offenders in section 35 of the Sentencing Act 1991.
11 S. 18O: See note 2.
12 S. 32: See note 5.
13 S. 33: See note 5.
14 S. 34: See note 5.
15 S. 35: See note 5.
16 S. 35: See note 11.
17 S. 96: See note 5.
18 S. 109: Section 36(2) prevents a court from making a community-based order in addition to imposing a sentence of imprisonment of more than 3 months.





19 S. 114: The following Table sets out the alterations in the maximum penalties for offences under the Crimes Act 1958, No. 6231/1958.  The alterations were made by section 60 (Schedule 1) of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 and came into operation on 1 September 1997:
TABLE INDICATING THE PREVIOUSLY PRESCRIBED MAXIMUM PENALTY FOR AN OFFENCE AND THE NEW PRESCRIBED MAXIMUM PENALTY FOR AN OFFENCE


OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM PENALTY

NEW PRESCRIBED MAXIMUM PENALTY
Section 3   Murder (common law)
Level 1 imprisonment (Life)
Level 1 imprisonment (Life)
Section 3A   Murder (Crimes Act)
Level 1 imprisonment (Life) 
Level 1 imprisonment (Life)
Section 5   Manslaughter
Level 3 imprisonment (15 years)
Level 3 imprisonment (20 years)
Section 6   Infanticide
Level 7 imprisonment (5 years)
Level 6 imprisonment 
(5 years)
Section 6B(1A)   Suicide pact manslaughter
Section 6B(2)   Inciting, aids or abets suicide
Section 6B(2)   Being party to a suicide pact
Level 6 imprisonment (71/2 years)

Level 7 imprisonment (5 years)
Level 8 imprisonment (3 years)
Level 5 imprisonment (10 years)

Level 6 imprisonment 
(5 years)
Level 6 imprisonment 
(5 years)
Section 9A(1)   Treason

Section 9A(2)   Knowingly receiving or assisting a person guilty of treason
Level 1 imprisonment (Life)
Level 3 imprisonment (15 years)
Level 1 imprisonment (Life)
Level 3 imprisonment (20 years)
Section 10   Child destruction
Level 5 imprisonment (10 years)
Level 4 imprisonment (15 years)
Section 16   Causing serious injury intentionally
Level 4 imprisonment (121/2 years)
Level 3 imprisonment (20 years)
Section 17   Causing serious injury recklessly
Level 5 imprisonment (10 years)
Level 4 imprisonment (15 years)


OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM PENALTY

NEW PRESCRIBED MAXIMUM PENALTY
Section 18   Causing injury intentionally
Section 18 Causing injury recklessly
Level 6 imprisonment (71/2 years)
Level 7 imprisonment (5 years)
Level 5 imprisonment (10 years)
Level 6 imprisonment 
(5 years)
Section 19(1)   Administering a substance to another
Level 7 imprisonment (5 years)
Level 6 imprisonment 
(5 years)
Section 19A   Intentionally causing a very serious disease
25 years imprisonment
Level 2 imprisonment (25 years)
Section 20   Threats to kill
Level 7 imprisonment (5 years)
Level 5 imprisonment (10 years)
Section 21   Threats to inflict serious injury
Level 8 imprisonment (3 years)
Level 6 imprisonment (5 years)
Section 21A   Stalking
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
Section 22   Conduct endangering life
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
Section 23   Conduct endangering persons
Level 6 imprisonment (71/2 years)
Level 6 imprisonment 
(5 years)
Section 24   Negligently causing serious injury
Level 7 imprisonment (5 years)
Level 6 imprisonment 
(5 years)
Section 25   Setting traps to kill
Level 4 imprisonment (121/2 years)
Level 4 imprisonment (15 years)
Section 26   Setting traps to cause serious injury
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
Section 27   Extortion with threat to kill
Level 6 imprisonment (71/2 years)
Level 4 imprisonment (15 years)
Section 28   Extortion with threat to destroy property 
Level 7 imprisonment (5 years)
Level 5 imprisonment (10 years)
Section 29   Using firearm to resist arrest
Level 5 imprisonment or Level 5 fine
(10 years or 1200 Penalty Units)
Level 5 imprisonment (10 years) or Level 5 fine (1200 penalty units)



OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM PENALTY

NEW PRESCRIBED MAXIMUM PENALTY
Section 30   Threatening injury to prevent arrest
Level 7 imprisonment (5 years)
Level 6 imprisonment 
(5 years)
Section 31   Assaults
Level 8 imprisonment (3 years)
Level 6 imprisonment 
(5 years)
Section 32   Performing female genital mutilation
Level 4 imprisonment (121/2 years)
Level 4 imprisonment (15 years)
Section 33   Taking a person from the State to perform female genital mutilation
Level 4 imprisonment (121/2 years)
Level 4 imprisonment (15 years
Section 38   Rape
25 years imprisonment
Level 2 imprisonment (25 years)
Section 39   Indecent assault
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
Section 40   Assault with intent to rape
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
Section 44   Incest
Subsection (1) with a child etc.
Subsection (2) with an under 18 child etc. of de facto spouse

Level 2 imprisonment (20 years)
Level 2 imprisonment (20 years)

Level 2 imprisonment (25 years)
Level 2 imprisonment (25 years)
Subsection (3) with father or mother etc. where offender is 18 or older
Subsection (4) with sister or brother etc.
Level 6 imprisonment (71/2 years)

Level 6 imprisonment (71/2 years)
Level 6 imprisonment (5 years)

Level 6 imprisonment (5 years)
Section 45   Sexual penetration of child under 10
Level 2 imprisonment (20 years)
Level 2 imprisonment (25 years)




OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM PENALTY

NEW PRESCRIBED MAXIMUM PENALTY
Section 46   Sexual penetration of child 
10-16
Subsection (1)(a) under care, supervision or authority
Subsection (1)(b) any other case


Level 3 imprisonment (15 years)

Level 5 imprisonment (10 years)


Level 4 imprisonment (15 years)

Level 5 imprisonment (10 years)
Section 47   Indecent act with child under 16
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
Section 47A   Sexual relationship with child under 16
Maximum penalty for the relevant offence
Level 2 imprisonment (25 years)
Section 48   Sexual penetration of a 16 or 17 year old child (under care, supervision or authority)
Level 8 imprisonment (3 years)
Level 5 imprisonment (10 years)
Section 49   Indecent act with 16 year old child
Level 8 imprisonment (3 years)
Level 6 imprisonment 
(5 years)
Section 49A   Facilitating sexual offences against children
Level 2 imprisonment (20 years)
Level 3 imprisonment (20 years)
Section 51 
Subsection (1) Sexual penetration of person with impaired mental functioning by medical or therapeutic service provider
Subsection (2) Indecent act with person with impaired mental functioning by medical or therapeutic service provider

Level 7 imprisonment (5 years)



Level 8 imprisonment (3 years)

Level 5 imprisonment (10 years)



Level 6 imprisonment 
(5 years)



OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM PENALTY

NEW PRESCRIBED MAXIMUM PENALTY
Section 52
Subsection (1) Sexual penetration by worker of resident in residential facilities
Subsection (2) Indecent act by worker of resident in residential facilities

Level 7 imprisonment (5 years)

Level 8 imprisonment (3 years)

Level 5 imprisonment (10 years)

Level 6 imprisonment 
(5 years) 
Section 53   Administering drug for sexual penetration
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
Section 54   Occupier, etc. inducing or knowingly allowing unlawful sexual  penetration
(a) where child is aged 
      under 13
(b) where child is aged 
      between 13-17



Level 5 imprisonment (10 years)
Level 7 imprisonment (5 years)



Level 4 imprisonment (15 years)
Level 5 imprisonment (10 years)
Section 55   Abduction or detention for sexual penetration
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
Section 56   Abduction of child under 16 for sexual penetration
Level 6 imprisonment
(71/2 years)
Level 6 imprisonment 
(5 years)
Section 57
Subsection (1) Procuring sexual penetration by threats or intimidation
Subsection (2) Procuring sexual penetration by fraud

Level 6 imprisonment (71/2 years)

Level 7 imprisonment (5 years)

Level 5 imprisonment (10 years)

Level 6 imprisonment (5 years)
Section 58   Procuring sexual penetration of child under 16 
Level 7 imprisonment (5 years)
Level 6 imprisonment 
(5 years)


OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM PENALTY

NEW PRESCRIBED MAXIMUM PENALTY
Section 59   Bestiality
Level 7 imprisonment (5 years)
Level 6 imprisonment 
(5 years)
Section 60   Soliciting acts of sexual penetration or indecent acts
Level 10 imprisonment or Level 10 fine (1 year or 120 Penalty Units)
Level 8 imprisonment (1 year) or Level 11 fine (60 Penalty Units)
Section 60A   Sexual offence while armed with an offensive weapon
Level 8 imprisonment (3 years)
Level 7 imprisonment (2 years)
60B   Loitering near schools etc.
Level 10 imprisonment or Level 11 fine (1 year or 60 Penalty Units)
Level 8 imprisonment (1 year)
Section 63
Subsection(1) Child stealing

Level 6 imprisonment (71/2 years)

Level 6 imprisonment (5 years)
Subsection (2) Takes, decoys or entices away a child
Level 7 imprisonment (5 years)
Level 6 imprisonment (5 years)
Section 63A   Kidnapping
Level 2 imprisonment (20 years)
Level 2 imprisonment (25 years)
Section 64   Bigamy
Level 7 imprisonment (5 years)
Level 6 imprisonment (5 years)
Section 65   Abortion (attempt to procure)
Level 6 imprisonment (71/2 years)
Level 5 imprisonment (10 years)
Section 66   Supplying or procuring anything to be employed in abortion
Level 8 imprisonment (3 years)
Level 6 imprisonment (5 years)
Section 67   Concealing birth of a child
Level 11 imprisonment 
(6 months)
6 months
Section 68   Production of child pornography
Level 9 imprisonment (2 years)
Level 5 imprisonment (10 years)
Section 69   Procuring of minor for child pornography
Level 7 imprisonment (5 years)
Level 5 imprisonment (10 years)


OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM PENALTY

NEW PRESCRIBED MAXIMUM PENALTY
Section 70   Possession of child pornography
Level 10 imprisonment (1 year)
Level 7 imprisonment (2 years)
Section  70A   Piracy with violence
Level 3 imprisonment (15 years)
Level 3 imprisonment (20 years)
Section 70B   Piratical acts
Level 1 imprisonment (Life)
Level 3 imprisonment (20 years)
Section 70C   Trading etc. with pirates
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
Section 70D   Being found on board piratical vessel and unable to prove non-complicity
Level 11 imprisonment 
(6 months)
Level 6 imprisonment (5 years)
Section 74   Theft
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
Section 75   Robbery
Level 4 imprisonment (121/2 years)
Level 4 imprisonment (15 years)
Section 75A   Armed robbery
Level 2 imprisonment (20 years)
Level 2 imprisonment (25 years)
Section 76   Burglary
Level 4 imprisonment (121/2 years)
Level 5 imprisonment (10 years)
Section 77   Aggravated burglary
Level 3 imprisonment (15 years)
Level 2 imprisonment (25 years)
Section 78   Removal of articles from places open to the public
Level 7 imprisonment (5 years)
Level 6 imprisonment (5 years)
Section 80(1)   Unlawfully taking control of an aircraft
Subsection (2) where force or violence etc. is used
Level 4 imprisonment (121/2 years)

Level 3 imprisonment (15 years)
Level 4 imprisonment (15 years)

Level 3 imprisonment (20 years)
Section 81   Obtaining property by deception
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)
Section 82   Obtaining financial advantage by deception
Level 5 imprisonment (10 years)
Level 5 imprisonment (10 years)


OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM PENALTY

NEW PRESCRIBED MAXIMUM PENALTY
Section 83   False accounting
Level 6 imprisonment (71/2 years)
Level 5 imprisonment (10 years)
Section 83A   Falsification of documents
Subsection (1)-(5B)

Subsection (5C)


Level 6 imprisonment (71/2 years)
Level 9 imprisonment (2 years)


Level 5 imprisonment (10 years)
Level 6 imprisonment (5 years)
Section 85   False statements by company directors etc.
Level 6 imprisonment (71/2 years)
Level 5 imprisonment (10 years)
Section 86   Suppression etc. of documents
Level 6 imprisonment (71/2 years)
Level 5 imprisonment 
(10 years)
Section 87   Blackmail
Level 4 imprisonment (121/2 years)
Level 4 imprisonment (15 years)
Section 88   Handling stolen goods
Level 5 imprisonment (10 years)
Level 4 imprisonment (15 years)
Section 89   Advertising rewards for return of goods stolen or lost
Level 13 fine 
(5 Penalty Units)
Level 13 fine
(5 Penalty Units)
Section 91   Going equipped for stealing etc.
Level 8 imprisonment (3 years)
Level 7 imprisonment 
(2 years)
Section 176   Receipt or solicitation of secret commission by an agent 
�	corporation

�	person


Level 5 fine 
(1200 Penalty Units)
Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units)


Level 5 fine 
(1200 Penalty Units)
Level 5 imprisonment (10 years) and/or
Level 5 fine (1200 Penalty Units)



OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM PENALTY

NEW PRESCRIBED MAXIMUM PENALTY
Section 178   Giving or receiving false or misleading receipt or account 
�	corporation

�	person



Level 5 fine 
(1200 Penalty Units) 
Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units)



Level 5 fine (1200 Penalty Units)
Level 5 imprisonment (10 years) and/or
Level 5 fine 
(1200 Penalty Units)
Section 179   Gift or receipt of secret commission in return for advice given 
�	corporation

�	person



Level 5 fine 
(1200 Penalty Units) 
Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units)



Level 5 fine (1200 Penalty Units)
Level 5 imprisonment (10 years) and/or
Level 5 fine 
(1200 Penalty Units)
Section 180   Secret commission to trustee in return for substituted appointment
�	corporation

�	other person



Level 5 fine 
(1200 Penalty Units)

Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units)



corporation; level 5 fine (1200 Penalty Units)
person;
Level 5 imprisonment (10 years) and/or
level 5 fine 
(1200 Penalty Units)





OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM PENALTY

NEW PRESCRIBED MAXIMUM PENALTY
Section 181   Aiding and abetting offences within or outside Victoria
�	corporation

�	other person



Level 5 fine 
(1200 Penalty Units)
Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units)



Level 5 fine (1200 Penalty Units)
Level 5 imprisonment (10 years) and/or
Level 5 fine 
(1200 Penalty Units)
Section 182   Liability of directors etc. acting without authority
�	corporation

�	other person


Level 5 fine 
(1200 Penalty Units)
Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units)


Level 5 fine (1200 Penalty Units)
Level 5 imprisonment (10 years) and/or
level 5 fine (1200 Penalty Units)
Section 191(1)   Fraudulently inducing persons to invest money
Level 5 imprisonment (10 years) 
Level 4 imprisonment (15 years)
Section 197   Destroying or damaging property
Subsection (1) damaging property
Subsection (2) damaging property intending to endanger another's life
Subsection (3) damaging property for gain
Subsection (7) Arson


Level 6 imprisonment (71/2 years)
Level 4 imprisonment 
(121/2 years)

Level 5 imprisonment (10 years)

Level 4 imprisonment (121/2 years)


Level 5 imprisonment (10 years)
Level 4 imprisonment (15 years)

Level 5 imprisonment (10 years)

Level 4 imprisonment (15 years)


OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM PENALTY

NEW PRESCRIBED MAXIMUM PENALTY
Section 197A   Arson causing death
not applicable
Level 2 imprisonment (25 years)
Section 198   Threats to destroy or damage property
Level 7 imprisonment (5 years)
Level 6 imprisonment (5 years)
Section 199   Possessing anything with intent to destroy or damage property
Level 8 imprisonment (3 years)
Level 6 imprisonment (5 years)
Section 206   Rioters demolishing buildings
Subsection (1)

Subsection (2)

Level 6 imprisonment (71/2 years)
Level 7 imprisonment (5 years)

Level 4 imprisonment (15 years)
Level 6 imprisonment (5 years)
Section 207   Forcible entry
Level 10 imprisonment and/or Level 10 fine 
(1 year and/or 120 Penalty Units)
Level 8 imprisonment (1 year)
Section 225   Conveying water into a mine
Level 6 imprisonment (71/2 years)
Level 6 imprisonment (5 years)
Section 228   Removing etc. piles of sea banks
Level 6 imprisonment (71/2 years)
Level 6 imprisonment (5 years)
Section 232   Placing things on railways to obstruct or overturn engine etc.
Level 6 imprisonment (71/2 years)
Level 5 imprisonment (10 years)
Section 233   Obstructing engine, carriage etc. on railway
Level 9 imprisonment (2 years)
Level 7 imprisonment 2 years
Section 244   Altering signals or exhibiting false ones
Level 6 imprisonment (71/2 years)
Level 5 imprisonment (10 years)
Section 245   Removing buoy etc.
Level 8 imprisonment (3 years)
Level 6 imprisonment (5 years)


OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM PENALTY

NEW PRESCRIBED MAXIMUM PENALTY
Section 246A   Endangering safe operation of an aircraft
Level 5 imprisonment (10 years)
Level 4 imprisonment (15 years)
Section 246B   Setting fire etc. to aircraft
Level 6 imprisonment (71/2 years)
Level 4 imprisonment (15 years)
Section 246C   Endangering safety of aircraft
Level 7 imprisonment (5 years)
Level 5 imprisonment (10 years)
Section 246D(1) Dangerous goods on aircraft
Level 7 imprisonment (5 years)
Level 6 imprisonment (5 years)
Section 246E   Threats to safety of aircraft
Level 7 imprisonment (5 years)
Level 6 imprisonment (5 years)
Section 247   False statements
Level 9 imprisonment (2 years)
Level 6 imprisonment (5 years)
Section 248 subsections (1)-(3) Contamination of goods
Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units)
Level 5 imprisonment (10 years)
Section 314   Perjury
Level 4 imprisonment (121/2 years)
Level 4 imprisonment (15 years)
Section 316(1)   Unlawful oaths to commit treason, murder etc.
Section 316(2)   Unlawful oaths for other offences
Level 7 imprisonment (5 years)

Level 8 imprisonment (3 years)
Level 5 imprisonment (10 years)

Level 6 imprisonment (5 years)
Section 317   Offences connected with explosive substances
Subsection (2) 

Subsection (3) 

Subsection (4)


Level 4 imprisonment (121/2 years)
Level 5 imprisonment (10 years)
Level 7 imprisonment (5 years)


Level 4 imprisonment (15 years)
Level 5 imprisonment (10 years)
Level 6 imprisonment (5 years)


OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM PENALTY

NEW PRESCRIBED MAXIMUM PENALTY
Section 317A   Bomb hoaxes
Level 7 imprisonment and/or Level 7 fine
(5 years and/or 600 Penalty Units)
Level 6 imprisonment (5 years)
Section 318   Culpable driving causing death
Level 3 imprisonment and/or Level 3 fine
(15 years and/or 1800 Penalty Units)
Level 3 imprisonment (20 years)
Section 321C   Penalties for conspiracy;
Subsection (1)(a) to commit an offence with a prescribed maximum

Subsection (1)(b) to commit an offence where the penalty is imprisonment for a term the maximum length of which is not prescribed
Subsection (1)(ba) to commit murder or treason or piratical acts
Subsection (1)(d) to commit a summary offence

Liable to the maximum prescribed for the substantive offence
Level 5 imprisonment (10 years)



Level 1 imprisonment (Life)

Level 8 imprisonment (3 years)

Liable to the maximum prescribed for the substantive offence

Level 4 imprisonment (15 years) (for common law offences)


Level 1 imprisonment (Life)

Level 6 imprisonment (5 years)
Subsection (2) to commit an offence against a law in force only in a place outside Victoria-
(a) punishable by a 
     term of 
     imprisonment


(b) in any other case



Level 7 imprisonment (5 years)



Level 7 fine 
(600 Penalty Units)



Liable to the maximum prescribed as if the conspiracy was to commit an offence against the laws of Victoria
Level 7 fine 
(600 Penalty Units)


OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM PENALTY

NEW PRESCRIBED MAXIMUM PENALTY
Section 321I   Penalties for incitement
Subsection (1)(a) to commit an offence with a prescribed maximum
Subsection (1)(b) to commit an offence where the penalty is imprisonment for a term the maximum length of which is not prescribed
Subsection (1)(ba) to commit murder or treason or piratical acts
Subsection (1)(d) to commit a summary offence

Liable to the maximum prescribed for the offence
Level 7 imprisonment (5 years)



Level 1 imprisonment (Life)

Level 8 imprisonment (3 years)

Liable to the maximum prescribed for the substantive offence
Level 4 imprisonment (15 years)



Life

Level 6 imprisonment (5 years)
Subsection (2) to commit an offence against a law in force only in a place outside Victoria-
(a) punishable by a 
     term of 
     imprisonment


(b) in any other case



Level 7 imprisonment (5 years)



Level 7 fine 
(600 Penalty Units)



Liable to the maximum prescribed as if the incitement was to commit an offence against the laws of Victoria
Level 7 fine 
(600 Penalty Units)
Section 321P   Penalties for attempt

See item 94 of 
Schedule 1





OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM PENALTY

NEW PRESCRIBED MAXIMUM PENALTY
Section 325
Subsection (4)(a)  where the principal offence is punishable by Level 1 imprisonment
Subsection (4)(b) in any other case

Level 2 imprisonment (20 years)

imprisonment for a term not more than 60 months nor more than 1/2 the length of the longest term which may be imposed on first conviction for the principal offence

Level 3 imprisonment (20 years)

imprisonment for a term not more than 60 months nor more than 1/2 the length of the longest term which may be imposed on first conviction for the principal offence
Section 326   Concealing offences for benefit 
Level 10 imprisonment (1 year)
Level 8 imprisonment (1 year)
Section 343   Obstruction
Level 11 fine
Level 11 fine
Section 357(3)   Failing or refusing to comply with a warrant to discharge a person from imprisonment
5 Penalty Units
5 Penalty Units
Section 415(1A)   Issue of warrant when witness does not appear
Level 13 fine 
(5 Penalty Units)
Level 13 fine 
(5 Penalty Units)
Section 443A   Failing to comply with an undertaking to the Director of Public Prosecutions
Level 12 fine (10 penalty units)
Level 12 fine (10 penalty units)
Section 456AA   Requirement to give name and address
Level 13 fine 
(5 penalty units)
Level 13 fine 
(5 penalty units)
Section 456E   Offence by an employee or member of a law enforcement agency
Level 10 fine 
(1200 penalty units)
Level 10 fine 
(1200 penalty units)


OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM PENALTY

NEW PRESCRIBED MAXIMUM PENALTY
Section 464O   Destruction of records
Level 12 fine 
(10 penalty units)
Level 12 fine 
(10 penalty units)
Section 464ZG   Destruction of identifying information
Level 10 imprisonment or Level 10 fine
Level 10 imprisonment or Level 10 fine
Section 479A   Rescuing of a prisoner from lawful custody
Level 5 imprisonment (10 years)
Level 5 imprisonment 
(10 years)
Section 479B   Aiding a prisoner in escaping
Level 7 imprisonment (5 years)
Level 6 imprisonment 
(5 years)
Section 479C   Escape and related offences
Level 7 imprisonment (5 years)
Level 6 imprisonment 
(5 years)
Maximum penalties introduced for common law offences for which no statutory maximum penalty had previously been fixed

OFFENCE
PRESCRIBED MAXIMUM PENALTY
Affray
Level 6 imprisonment (5 years)
Attempting to pervert the course of justice
Level 2 imprisonment (25 years)
Breach of Prison
Level 6 imprisonment (5 years)
Bribery of Public official
Level 5 imprisonment (10 years)
Common assault
Level 6 imprisonment (5 years)
Conspiracy to cheat and defraud
Level 4 imprisonment (15 years)
Conspiracy to defraud
Level 4 imprisonment (15 years)
Criminal defamation
Level 5 imprisonment (10 years)
Embracery
Level 4 imprisonment (15 years)
False imprisonment
Level 5 imprisonment (10 years)
Kidnapping
Level 2 imprisonment (25 years)
Misconduct in public office
Level 5 imprisonment (10 years)
Perverting the course of justice
Level 2 imprisonment (25 years)
Public Nuisance
Level 6 imprisonment (5 years)
Riot
Level 5 imprisonment (10 years)
Rout
Level 6 imprisonment (5 years)
Unlawful assembly
Level 6 imprisonment (5 years)
Amendments to the maximum penalties of other Acts


OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM PENALTY

NEW PRESCRIBED MAXIMUM PENALTY
Crimes (Confiscation of Profits) Act 1986

Section 41Q   Money laundering
10 years imprisonment
Level 3 imprisonment 
(20 years)
Drugs, Poisons and Controlled Substances Act 1981

Section 71   Trafficking in a drug of dependence-
(a) commercial 
     quantity


25 years imprisonment and not more than 2500 penalty units


Level 2 imprisonment (25 years) and not more than 2500 penalty units
(b) any other case
15 years imprisonment and/or 1000 penalty units
Level 4 imprisonment (15 years) and/or 1000 penalty units
Section 72   Cultivation of a narcotic plant-
(a) not for any 
     purpose related to 
     trafficking)
(b) any other case


1 year imprisonment and/or 20 penalty units

15 years imprisonment and/or 1000 penalty units


Level 8 imprisonment (1 year) and/or 
20 penalty units
Level 4 imprisonment (15 years) and/or 1000 penalty units
Section 73   Possession of a drug of dependence-
(a) small quantity
(b) not for a purpose 
     related to 
     trafficking
(c) any other case


5 penalty units
1 year imprisonment and/or 30 penalty units

5 years imprisonment and/or 400 penalty units


5 penalty units
Level 8 imprisonment (1 year) and/or 
30 penalty units
Level 6 imprisonment (5 years) and/or 
400 penalty units


OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM PENALTY

NEW PRESCRIBED MAXIMUM PENALTY
Section 78   Conspiring
same penalty and punishment as if the offender committed the offence
same penalty and punishment as if the offender committed the offence
Legal Practice Act 1996

Section 188   Solicitor defalcation
10 years imprisonment
Level 4 imprisonment (15 years)
Section 263   Improperly destroying property
3 years imprisonment
Level 6 imprisonment (5 years)
Prisoners (Interstate Transfer) Act 1983

Section 33(1) Escape from custody
7 years imprisonment
Level 6 imprisonment (5 years)
Prostitution Control Act 1994

Section 5   Causing or inducing child to take part in prostitution 
7 years imprisonment
Level 5 imprisonment (10 years)
Section 6   Obtaining payment for sexual services provided by a child
7 years imprisonment
Level 4 imprisonment (15 years)
Section 7   Agreement for provision of sexual services by a child 
7 years imprisonment
Level 4 imprisonment (15 years)
Section 8   Forcing person into or to remain in prostitution 
7 years imprisonment
Level 5 imprisonment (10 years)
Section 9   Forcing person to provide financial support out of prostitution
7 years imprisonment
Level 5 imprisonment (10 years)
Section 10   Living on earnings of prostitute
4 years imprisonment
Level 6 imprisonment (5 years)


OFFENCE
PREVIOUSLY PRESCRIBED MAXIMUM PENALTY

NEW PRESCRIBED MAXIMUM PENALTY
Section 11   Allowing child to take part in prostitution
4 years imprisonment
Level 5 imprisonment (10 years)
Section 22(1) and (3)  Prostitution service providers to be licensed
3 years imprisonment and/or 360 penalty units
Level 6 imprisonment (5 years) and/or 360 penalty units

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Sentencing Act 1991
No. 49 of 1991