Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 100

Disposal of other pending charges

100. Disposal of other pending charges



(1) If a court convicts a person of an offence or offences, not being or
including treason or murder, and the court is satisfied that-

   (a)  there has been filed in court a document in the form of Schedule 2
        showing on the back in the form prescribed by Part C of that Schedule
        a list of other offences, whether indictable or summary, not being or
        including treason or murder, in respect of which the offender has been
        charged or presented for trial; and

   (b)  a copy of that document has been provided to the offender; and





   (c)  in all the circumstances it is proper to do so-

the court may, with the consent of the prosecution, before passing sentence
ask the offender whether the offender admits having committed all or any of
the listed offences and wishes them to be taken into account by the court when
passing sentence for the offence or offences of which the offender has been
convicted.

(2) A document referred to in subsection (1) must be signed by-

   (a)  a member of the police force or the Director of Public Prosecutions or
        a Crown Prosecutor or Associate Crown Prosecutor; and



   (b)  the offender.

(3) If the offender admits having committed all or any of the listed offences
and wishes them to be taken into account, the court may, if it thinks fit, do
so but must not impose a sentence in respect of an offence of which the
offender has been convicted in excess of the maximum sentence that might have
been imposed if no listed offence had been taken into account.

(4) If an offence is taken into account under this section, the court may make
any order that it would have been empowered to make under Part 4 if the
offender had been convicted before the court of the offence but must not
otherwise impose any separate punishment for the offence.

(5) An order made under subsection (4) in respect of an offence taken into
account may be appealed against as if it had been made on the conviction of
the offender for that offence.

(6) Despite anything in subsection (3), a court must not take into account any
charge of an indictable offence which it would not have jurisdiction to try
even with the consent of the person charged with it.

(7) The court must certify in the form prescribed by Part B of Schedule 2 on
the document filed in court any listed offences that have been so taken into
account and the convictions in respect of which this has been done.

(8) Proceedings shall not be taken or continued in respect of any listed
offence certified under subsection (7) unless each conviction in respect of
which it has been taken into account has been quashed or set aside.

(9) An admission made under and for the purposes of this section is not
admissible in evidence in any proceeding taken or continued in respect of the
offence to which it relates.

(10) A person must not for any purpose be taken to have been convicted of an
offence taken into account under and in accordance with this section only
because it was so taken into account.

(11) Whenever, in or in relation to any criminal proceeding, reference may
lawfully be made to, or evidence may lawfully be given of, the fact that a
person was convicted of an indictable offence, reference may likewise be made
to, or evidence may likewise be given of, the taking into account under this
section of any other offence or offences when sentence was imposed in respect
of that conviction.

(12) The fact that an offence was taken into account under this section may be
proved in the same manner as the conviction or convictions in respect of which
it was taken into account may be proved.

Division 4-Passing of sentence