Victorian Numbered Acts

SENTENCING AMENDMENT (BASELINE SENTENCES) ACT 2014 (NO. 52 OF 2014) - SECT 13

    (1)     After section 44(1) of the Crimes Act 1958 insert —

    "(1A)     The baseline sentence for an offence under subsection (1) is 10 years if the court is satisfied beyond reasonable doubt that the victim was, at the time of the offence, under the age of 18.

Note

See section 5A of the Sentencing Act 1991 as to baseline sentences.

    (1B)     The circumstance described in subsection (1A)—

        (a)     is to be determined by the jury if the accused pleads not guilty to the offence; and

        (b)     is to be determined by the trial judge if the accused pleads guilty to the offence.".

    (2)     After section 44(2) of the Crimes Act 1958 insert —

    "(2A)     The baseline sentence for an offence under subsection (2) is 10 years.

Note

See section 5A of the Sentencing Act 1991 as to baseline sentences.".