Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


When court may impose indefinite sentence in respect of serious offence

    (1)     A court may only impose an indefinite sentence on an offender in respect of a serious offence if it is satisfied, to a high degree of probability, that the offender is a serious danger to the community because of—

        (a)     his or her character, past history, age, health or mental condition; and

        (b)     the nature and gravity of the serious offence; and

        (c)     any special circumstances.

    (2)     In determining whether the offender is a serious danger to the community, the court must have regard to—

        (a)     whether the nature of the serious offence is exceptional;

        (b)     anything relevant to this issue contained in the certified transcript of any proceeding against the offender in relation to a serious offence;

        (c)     any medical, psychiatric or other relevant report received by it;

        (d)     the risk of serious danger to members of the community if an indefinite sentence were not imposed;

        (e)     the need to protect members of the community from the risk referred to in paragraph (d)—

and may have regard to anything else that it thinks fit.

    (3)     The prosecution has the onus of proving that an offender is a serious danger to the community.

S. 18C inserted by No. 41/1993 s. 9.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback