Victorian Numbered Acts

SENTENCING AMENDMENT (SENTENCING STANDARDS) ACT 2017 (NO. 34 OF 2017) - SECT 22

After section 11 of the Sentencing Act 1991 insert —

        " 11A     Fixing of non-parole period for standard sentence offence

    (1)     This section applies to a court when fixing, in accordance with section 11, a non-parole period—

        (a)     for a standard sentence offence; or

        (b)     in respect of a total effective sentence imposed in respect of 2 or more sentences, at least one of which is for a standard sentence offence.

    (2)     This section also applies to a court when fixing, in accordance with section 14, a new single non-parole period in circumstances where the further sentence is a sentence of imprisonment for a standard sentence offence.

    (3)     However, this section only applies to a court when fixing a non-parole period for a standard sentence offence if section 5B applied in relation to the sentencing for that offence.

    (4)     Unless the court considers that it is in the interests of justice not to do so, the court must fix a non-parole period of at least—

        (a)     30 years if the relevant term is the term of the offender's natural life; or

        (b)     70% of the relevant term if that term is a term of 20 years or more; or

        (c)     60% of the relevant term if that term is a term of less than 20 years.

    (5)     In subsection (4) "the relevant term" is—

        (a)     if a non-parole period is being fixed for a standard sentence offence, the sentence for that offence; and

        (b)     if a non-parole period is being fixed in respect of a total effective sentence referred to in subsection (1)(b), that sentence.

    (6)     Nothing in this section affects the fixing of a non-parole period for an offence that is not a standard sentence offence or in respect of a total effective sentence imposed in respect of 2 or more sentences, none of which is for a standard sentence offence.".