Victorian Numbered Acts

SENTENCING AMENDMENT (SENTENCING STANDARDS) ACT 2017 (NO. 34 OF 2017) - SECT 25

    (1)     The note at the foot of section 3(1) of the Crimes Act 1958 is repealed .

    (2)     After section 3(1) of the Crimes Act 1958 insert —

    "(2)     The standard sentence for murder is—

        (a)     30 years if the court, in determining sentence, is satisfied that the prosecution has proved beyond reasonable doubt that—

              (i)     the person murdered was a custodial officer on duty or an emergency worker on duty; and

              (ii)     at the time of carrying out the conduct the accused knew or was reckless as to whether that person was a custodial officer or an emergency worker; and

        (b)     in any other case, 25 years.

Notes

1     See sections 5A and 5B of the Sentencing Act 1991 as to standard sentences.

2     Murder is a category 1 offence under the Sentencing Act 1991 . See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.

    (3)     In subsection (2)(a) "custodial officer on duty", "custodial officer", emergency worker on duty and emergency worker have the same meanings as in section 10AA of the Sentencing Act 1991 .".