Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 6C

Factors relevant to consideration of whether offender is a serious offender

6C. Factors relevant to consideration of whether offender is a serious
offender



(1) In considering whether an offender being sentenced is a serious offender,
a court must have regard to a conviction or convictions for a relevant offence
irrespective of whether recorded-

   (a)  in the current trial or hearing; or

   (b)  in another trial or hearing; or

   (c)  in different trials or hearings held at different times; or

   (d)  in separate trials of different counts in the one presentment.

(2) In sentencing an offender a court may only treat a conviction for an
offence as a conviction for a relevant offence if it is satisfied beyond
reasonable doubt that it is.

(3) Despite subsection (2), in sentencing an offender a court must have regard
to a conviction for an offence against a law of the Commonwealth or of a place
outside Victoria (whether or not in Australia) and must treat it as a
conviction for a relevant offence if it is satisfied beyond reasonable doubt
that-

   (a)  the offence is substantially similar to an arson offence, drug
        offence, serious violent offence, sexual offence or violent offence
        (as the case requires); and

   (b)  the offender was for that offence sentenced to a term of imprisonment
        or detention.

(4) Section 395 of the Crimes Act 1958 applies for the purposes of subsection
(3) in relation to the proof of a previous conviction within the meaning of
that section.