Victorian Numbered Acts

SENTENCING (COMMUNITY CORRECTION ORDER) AND OTHER ACTS AMENDMENT ACT 2016 (NO. 65 OF 2016) - SECT 20

    (1)     At the foot of section 3(1) of the Crimes Act 1958 insert —

" Note

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.".

    (2)     In section 5 of the Crimes Act 1958 omit
"or to a fine in addition to or without any such other punishment as aforesaid".

    (3)     Before note 1 at the foot of section 5 of the Crimes Act 1958 insert —

"1     Manslaughter is a category 2 offence under
the Sentencing Act 1991 . See subsection (2H)
of section 5 of that Act for the requirement to
impose a custodial order for this offence unless
the circumstances set out in paragraphs (a) to (e)
of that subsection exist.".

    (4)     In the notes at the foot of section 5 of the Crimes Act 1958 —

        (a)     for "1             Sections" substitute "2 Sections";

        (b)     for "2" substitute "3";

        (c)     for "3" substitute "4".

    (5)     At the foot of section 5A of the Crimes Act 1958 insert —

" Note

Child homicide is a category 2 offence under the Sentencing Act 1991 . See subsection (2H) of section 5
of that Act for the requirement to impose a custodial
order for this offence unless the circumstances set out
in paragraphs (a) to (e) of that subsection exist.".

    (6)     At the foot of section 15A(1) of the Crimes Act 1958 insert —

" Note

An offence against subsection (1) 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.".

    (7)     In note 3 at the foot of section 15A of the Crimes Act 1958 , after "discretion." insert "See also section 5(2G) of that Act.".

    (8)     At the foot of section 15B(1) of the Crimes Act 1958 insert —

" Note

An offence against subsection (1) 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.".

    (9)     In note 3 at the foot of section 15B of the Crimes Act 1958 , after "discretion." insert "See also section 5(2G) of that Act.".

    (10)     Before note 1 at the foot of section 16 of the Crimes Act 1958 insert —

"1     An offence against this section is a category 2 offence under the Sentencing Act 1991 . See subsection (2H)
of section 5 of that Act for the requirement to impose
a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.".

    (11)     In the notes at the foot of section 16 of the Crimes Act 1958 —

        (a)     for "1             Section" substitute "2 Section";

        (b)     for "2" substitute "3";

        (c)     for "3 If" substitute "4 If";

        (d)     after "discretion." insert "See also section 5(2H) of that Act.".

    (12)     At the foot of section 38(2) of the Crimes Act 1958 insert —

" Note

An offence against subsection (1) 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.".

    (13)     At the foot of section 39(2) of the Crimes Act 1958 insert —

" Note

An offence against subsection (1) 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.".

    (14)     At the foot of section 44(1) of the Crimes Act 1958 insert —

" Note

An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991 if the victim was, at the
time of the offence, under the age of 18. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.".

    (15)     At the foot of section 44(2) of the Crimes Act 1958 insert —

" Note

An offence against subsection (2) 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.".

    (16)     At the foot of section 45(2) of the Crimes Act 1958 insert —

" Note

An offence against subsection (1) committed in the circumstance of aggravation described in subsection (2)(a)
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.".

    (17)     At the foot of section 47A(4) of the Crimes Act 1958 insert —

" Note

An offence against subsection (1) 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.".

    (18)     At the foot of section 63A of the Crimes Act 1958 insert —

" Note

An offence against this section is a category 2 offence
under the Sentencing Act 1991 . See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances
set out in paragraphs (a) to (e) of that subsection exist.".

    (19)     At the foot of section 197A of the Crimes Act 1958 insert —

" Note

An offence against this section is a category 2 offence
under the Sentencing Act 1991 . See subsection (2H)
of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances
set out in paragraphs (a) to (e) of that subsection exist.".

    (20)     At the foot of section 320 of the Crimes Act 1958 insert —

" Note

The offence of kidnapping at common law is a
category 2 offence under the Sentencing Act 1991 .
See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e)
of that subsection exist.".