Victorian Consolidated Legislation

Sentencing Act 1991 - SCHEDULE 1

SERIOUS OFFENDER OFFENCES

1. Sexual offences

This clause applies to the following offences-

   (a)  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:

   (i)  section 38 (rape);

   (ia) section 38A (compelling sexual penetration) if the person against whom
        the offence is committed is a child;

   (ii) section 39 (indecent assault);

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

   (iv) 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;

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



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

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

   (viiia) section 48(1) (sexual penetration of a 16 or 17 year old child);

   (viiib) section 49(1) (indecent act with 16 or 17 year old child);



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

   (x)  section 51 (sexual offences against persons with a cognitive
        impairment by providers of medical or therapeutic services);

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

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

   (xiia) section 54 (occupier etc. permitting unlawful sexual penetration);

   (xiii) section 55 (abduction or detention);

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

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

   (xvi) section 58 (procuring sexual penetration of a child);



   (xvia) section 60AB(2), (3) or (4) (sexual servitude);

   (xvib) section 60AC (aggravated sexual servitude);

   (xvic) section 60AD (deceptive recruiting for commercial sexual services);

   (xvid) section 60AE (aggravated deceptive recruiting for commercial sexual
        services);

   (xvie) section 59(1) (bestiality);

   (xvif) section 60 (soliciting acts of sexual penetration or indecent acts);

   (xvig) section 68(1) (production of child pornography);

   (xvih) section 69 (procurement of minor for child pornography);

   (xvii) section 70(1) (possession of child pornography);

   (xvij) section 70AC (sexual performance involving a minor);

   (xvii) 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;

   (xviii) 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;

   (ab) 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;

   (ac) 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;

   (b)  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:

   (i)  section 40 (rape);

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

   (iii) section 43 (indecent assault with aggravating circumstances);

   (c)  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:

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

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

   (iii) section 45(1) (rape);

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

   (xix) 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;

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

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

   (xxii) section 56 (abduction and detention);

   (xxiii) section 61 (unlawful detention for purposes of sexual penetration);

   (d)  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:

   (i)  section 44(1) (rape);

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

   (iii) section 45 (attempted rape);

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

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

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

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

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

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

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

   (xi) 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;

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

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

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

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

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

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

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

   (xix) section 68(1) (buggery);

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

   (xxi) section 69(1) (act of gross indecency with girl under the age of 16);

   (da) an offence against section 57A of the
        Classification (Publications, Films and Computer Games) (Enforcement) Act 1995
        (publication or transmission of child pornography);

   (db) an offence against any of the following sections of the
        Prostitution Control Act 1994:

   (i)  section 5(1) (causing or inducing a child to take part in
        prostitution);

   (ii) section 6(1) (obtaining payment for sexual services provided by a
        child);

   (iii) section 7(1) (agreement for provision of sexual services by a child);

   (iv) section 11(1) (allowing child to take part in prostitution);

   (dc) an offence against any of the following sections of the
        Crimes Act 1914 of the Commonwealth:

   (i)  section 50BA(1) (sexual intercourse with child under 16);

   (ii) section 50BB(1) (inducing child under 16 to engage in sexual
        intercourse);

   (iii) section 50BC(1) (sexual conduct involving child under 16);

   (iv) section 50BD(1) (inducing child under 16 to be involved in sexual
        conduct);

   (v)  section 50DA(1) (benefiting from offence against Part IIIA);

   (vi) section 50DB(1) (encouraging offences against Part IIIA);

   (dd) an aggravated offence against any of the following sections of the
        Criminal Code of the Commonwealth:

   (i)  section 270.6 (sexual servitude offences);

   (ii) section 270.7 (deceptive recruiting for sexual services); Note The
        Criminal Code of the Commonwealth is contained in the Schedule to the
        Criminal Code Act 1995 of the Commonwealth.

   (de) an offence against section 233BAB(5) or 233BAB(6) of the
        Customs Act 1901 of the Commonwealth (special offence relating to tier
        2 goods) where the goods are goods covered by section 233BAB(1)(h) of
        that Act;

   (df) an offence against any of the following sections of the Criminal Code
        of the Commonwealth:

   (i)  section 271.4 (trafficking in children) or section 271.7 (domestic
        trafficking in children) in circumstances where the purpose of the
        exploitation is to provide sexual services within the meaning of that
        section;

   (ii) section 474.19(1) (using a carriage service for child pornography
        material);

   (iii) section 474.20(1) (possessing, controlling, producing, supplying or
        obtaining child pornography material for use through a carriage
        service);

   (iv) section 474.22(1) (using a carriage service for child abuse material);

   (v)  section 474.23(1) (possessing, controlling, producing, supplying or
        obtaining child abuse material through a carriage service);

   (vi) section 474.26 (using a carriage service to procure persons under 16
        years of age);

   (vii) section 474.27 (using a carriage service to "groom" persons under 16
        years of age);

   (dg) an offence that, at the time it was committed, was an offence to which
        this clause applied;





   (e)  any of the following common law offences:

   (i)  rape;

   (ii) attempted rape;

   (iii) assault with intent to rape;

   (f)  an offence of conspiracy to commit, incitement to commit or attempting
        to commit an offence referred to in paragraphs (a) to (e);

   (g)  any other offence, whether committed in Victoria or elsewhere, the
        necessary elements of which consist of elements that constitute any of
        the offences referred to in paragraphs (a) to (f).

2. Violent offences

This clause applies to the following offences-

   (a)  murder;

   (b)  manslaughter;

   (baa) child homicide;





   (ba) defensive homicide;





   (c)  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:

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

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

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

   (iv) section 20 (threats to kill);

   (v)  section 21 (threats to inflict serious injury);

   (vi) section 63A (kidnapping);

   (d)  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:

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

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

   (iii) section 20 (attempting to choke, etc, in order to commit an
        indictable offence);

   (iv) section 35B (making demand with threat to kill or injure or endanger
        life);

   (e)  the common law offence of kidnapping;

   (f)  an offence of conspiracy to commit, incitement to commit or attempting
        to commit an offence referred to in paragraphs (a) to (e);

   (g)  any other offence, whether committed in Victoria or elsewhere, the
        necessary elements of which consist of elements that constitute any of
        the offences referred to in paragraphs (a) to (f).

3. Serious violent offences

This clause applies to the following offences-

   (a)  murder;

   (b)  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:

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

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

   (iii) section 20 (threats to kill);

   (c)  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:

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

   (ii) section 35B (making demand with threat to kill or injure or endanger
        life);

   (d)  an offence of conspiracy to commit, incitement to commit or attempting
        to commit an offence referred to in paragraphs (a) to (c);

   (e)  any other offence, whether committed in Victoria or elsewhere, the
        necessary elements of which consist of elements that constitute any of
        the offences referred to in paragraphs (a) to (d).

4. Drug offences

This clause applies to the following offences-

   (a)  an offence against any of the following sections of the
        Drugs, Poisons and Controlled Substances Act 1981:



   (i)  section 71 (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);

   (ii) section 71AA (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);

   (iii) section 72 (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);

   (iv) section 72A (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);

   (v)  section 79(1) or 80(3)(a) (conspiracy) where the conspiracy is to
        commit an offence against section 71, 71AA, 72 or 72A of that Act or
        an offence under a law in force in a place outside Victoria that is a
        corresponding law in relation to section 71, 71AA, 72 or 72A of that
        Act;

   (vi) section 80(1) or 80(3)(b) (aiding and abetting, etc) in circumstances
        where the offence aided, abetted, counselled, procured, solicited or
        incited is an offence against section 71, 71AA, 72 or 72A of that Act
        or an offence under a law in force in a place outside Victoria that is
        a corresponding law in relation to section 71, 71AA, 72 or 72A of that
        Act;

   (vii) section 80(4) (preparatory act) where the offence to which the act
        relates is an offence under a law in force in a place outside Victoria
        that is a corresponding law in relation to section 71, 71AA, 72 or 72A
        of that Act;

   (ab) an offence against any of the following provisions 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-

   (i)  section 71 (trafficking in a drug of dependence) in circumstances
        where the offence is committed in relation to a quantity of a drug of
        dependence that is not less than the commercial quantity applicable to
        that drug of dependence;

   (ii) section 72 (cultivation of narcotic plants) 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;

   (iii) section 79(1) or 80(3)(a) (conspiracy) in circumstances where the
        conspiracy is to commit an offence against section 71 of that Act in
        relation to a quantity of a drug of dependence that is not less than
        the commercial quantity applicable to that drug of dependence or an
        offence under a law in force in a place outside Victoria that is a
        corresponding law in relation to that section in relation to that
        quantity;

   (iv) section 80(1) or 80(3)(b) (aiding and abetting etc.) in circumstances
        where the offence that is aided, abetted, counselled, procured,
        solicited or incited is an offence against section 71 of that Act in
        relation to a quantity of a drug of dependence that is not less than
        the commercial quantity applicable to that drug of dependence or an
        offence under a law in force in a place outside Victoria that is a
        corresponding law in relation to that section in relation to that
        quantity;

   (v)  section 80(4) (preparatory act) in circumstances where the offence to
        which the act relates is an offence under a law in force in a place
        outside Victoria that is a corresponding law in relation to section 71
        of that Act in relation to a quantity of a drug of dependence that is
        not less than the commercial quantity applicable to that drug of
        dependence;

   (ac) an offence of attempting to commit an offence referred to in paragraph
        (ab)(i);





   (b)  an offence against section 233B(1) of the Customs Act 1901 of the
        Commonwealth (narcotic goods) as in force immediately before the
        commencement of the
        Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005
        of the Commonwealth, in the circumstances referred to in the following
        sections of that Act as in force immediately before that commencement:

   (i)  section 235(2)(c)(i) (commercial quantity);

   (ii) section 235(2)(c)(ii)(A) (trafficable quantity and previous conviction
        involving trafficable quantity);

   (iii) section 235(2)(c)(ii)(B) (trafficable quantity and previous finding
        that offender had committed offence involving trafficable quantity
        without conviction recorded);

   (iv) section 235(2)(d)(i) (trafficable quantity of narcotic goods other
        than cannabis);

   (c)  any other offence, whether committed in Victoria or elsewhere, the
        necessary elements of which consist of elements that constitute any of
        the offences referred to in paragraphs (a) to (ba).

   (ba) an offence against section 307.1, 307.2, 307.5, 307.6, 307.8 or 307.9
        of the Criminal Code of the Commonwealth;



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5. Arson offences

This clause applies to the following offences-

   (a)  an offence against any of the following sections of the
        Crimes Act 1958:

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

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

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



   (b)  the common law offence of arson;

   (c)  an offence of conspiracy to commit, incitement to commit or attempting
        to commit an offence referred to in paragraph (a) or (b).

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