Victorian Numbered Acts

CRIMES AMENDMENT (CARJACKING AND HOME INVASION) ACT 2016 (NO. 50 OF 2016) - SECT 5

After section 10AB of the Sentencing Act 1991 insert —

        " 10AC     Custodial sentence must be imposed for offence of aggravated home invasion

    (1)     In sentencing an offender (whether on appeal or otherwise) for an offence against section 77B of the Crimes Act 1958 , a court must impose a term of imprisonment and fix under section 11 a non-parole period of not less than 3 years unless the court finds under section 10A that a special reason exists.

Note

Section 11(3) requires that a non-parole period must be at least 6 months less than the term of the sentence.

    (2)     Subsection (1) does not apply to an offender who is under the age of 18 years at the time of the offence.

        10AD     Custodial sentence must be imposed for offence of aggravated carjacking

    (1)     In sentencing an offender (whether on appeal or otherwise) for an offence against section 79A of the Crimes Act 1958 , a court must impose a term of imprisonment and fix under section 11 a non-parole period of not less than 3 years unless the court finds under section 10A that a special reason exists.

Note

Section 11(3) requires that a non-parole period must be at least 6 months less than the term of the sentence.

    (2)     Subsection (1) does not apply to an offender who is under the age of 18 years at the time of the offence.".