Victorian Numbered Acts

SENTENCING AMENDMENT (EMERGENCY WORKER HARM) ACT 2020 (NO. 23 OF 2020) - SECT 14

For the notes at the foot of section 18 of the Crimes Act 1958 substitute —

" Notes

1     An offence against this section is a category 1 offence under the Sentencing Act 1991 if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty and the offender knew or was reckless as to whether the victim was such a person. See section 5(2G) and (2GA) of that Act for the requirement to impose a custodial order or other specified order for this offence if committed in those circumstances.

2     See section 10AA(4) of the Sentencing Act 1991 for the requirement that a term of imprisonment of not less than 6 months be imposed for an offence against section 18 if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty unless the court finds under section 10A of that Act that a special reason exists.

3     See section 10AA(2) and (3) of the Sentencing Act 1991 that allow a youth justice centre order for a term of not less than 6 months to be made in certain circumstances in respect of a young offender for an offence against section 18 if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty.".