Victorian Numbered Acts

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SENTENCING AMENDMENT (EMERGENCY WORKERS) ACT 2014 (NO. 69 OF 2014) - SECT 18

Imprisonment and a community correction order

    (1)     For section 44(1) of the Sentencing Act 1991 substitute

    "(1)     When sentencing an offender in respect of one, or more than one, offence (other than an offence to which clause 5 of Schedule 1 applies), a court may make a community correction order in addition to imposing a sentence of imprisonment only if the sum of all the terms of imprisonment to be served (after deduction of any period of custody that under section 18 is reckoned to be a period of imprisonment or detention already served) is 2 years or less.

    (1A)     When sentencing an offender in respect of one, or more than one, offence to which clause 5 of Schedule 1 applies, a court may make a community correction order in addition to imposing any sentence of imprisonment.".

    (2)     In section 44(3) of the Sentencing Act 1991 , after "from imprisonment" insert "or, if the offender is released on parole, on the completion of the parole period (as defined in section 55(1) of the Corrections Act 1986 )".

    (3)     After section 44(3) of the Sentencing Act 1991 insert

    "(4)     A reference in this section to a sentence of imprisonment does not include a sentence that has been suspended.".



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