Victorian Current Acts Victorian Current ActsS. 317AF(1) amended by No. 65/2017 s. 13.
(1) A person is guilty of the aggravated offence of recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving if the person commits an offence against section 317AE and any of the following apply—
(a) the motor vehicle driven by the person in the commission of the offence against section 317AE is stolen and the person knows that, or is reckless as to whether, the motor vehicle is stolen;
(b) the person commits the offence against section 317AE in connection with an offence committed by that person against section 317AG;
(c) the person commits the offence against section 317AE in connection with another indictable offence committed by that person, punishable by 10 years or more imprisonment.
(2) For the purposes of subsection (1)(b) and (c), the offences are connected if—
(a) there is a close connection in time; or
(b) there is a close connection in place; or
(c) in the case of subsection (1)(c), the purpose of the commission of the offence against section 317AE is to avoid apprehension for the other indictable offence.
S. 317AF(3) amended by No. 65/2017 s. 13.
(3) A person guilty of the aggravated offence of recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
Notes
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.
2 Section 16(3D) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for an offence against this section must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term.
S. 317AG inserted by No. 65/2017 s. 3.