Victorian Current Acts

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SENTENCING ACT 1991 - SECT 6B

Definitions for purposes of this Part

    (1)     In this Part—

"arson offence" means an offence to which clause 5 of Schedule 1 applies;

"drug offence" means an offence to which clause 4 of Schedule 1 applies;

"serious violent offence" means an offence to which clause 3 of Schedule 1 applies;

"sexual offence" means an offence to which clause 1 of Schedule 1 applies;

"violent offence" means an offence to which clause 2 of Schedule 1 applies.

    (2)     In this Part—

S. 6B(2) def. of serious arson o f fender amended by No. 48/2006 s. 42(Sch. item 32.2(a)).

"serious arson offender" means an offender (other than a young offender) who has been convicted of an arson offence for which he or she has been sentenced to a term of imprisonment or detention in a youth justice centre;

S. 6B(2) def. of serious drug o f fender amended by No. 48/2006 s. 42(Sch. item 32.2(b)).

"serious drug offender" means an offender (other than a young offender) who has been convicted of a drug offence for which he or she has been sentenced to a term of imprisonment or detention in a youth justice centre;

S. 6B(2) def. of serious sexual o f fender amended by Nos 48/2006 s. 42(Sch. item 32.2(c)), 18/2008 s. 15, 74/2014 s. 18.

"serious sexual offender" means an offender (other than a young offender)—

        (a)     who has been convicted of 2 or more sexual offences for each of which he or she has been sentenced to a term of imprisonment or detention in a youth justice centre; or

        (ab)     who has been convicted of an offence to which clause 1(a)(viii) of Schedule 1 applies for which he or she has been sentenced to a term of imprisonment or detention in a youth justice centre; or

        (ac)     who has been convicted of committing the incidents of a sexual offence included in a course of conduct charge (within the meaning of clause 4A of Schedule 1 to the Criminal Procedure Act 2009 ) for which he or she has been sentenced to a term of imprisonment or detention in a youth justice centre; or

        (b)     who has been convicted of at least one sexual offence and at least one violent offence arising out of the one course of conduct for each of which he or she has been sentenced to a term of imprisonment or detention in a youth justice centre;

S. 6B(2) def. of serious violent o f fender amended by No. 48/2006 s. 42(Sch. item 32.2(d)).

"serious violent offender" means an offender (other than a young offender) who has been convicted of a serious violent offence for which he or she has been sentenced to a term of imprisonment or detention in a youth justice centre.

    (3)     In this Part—

"relevant offence", in relation to a serious offender, means—

        (a)     an arson offence in the case of a serious arson offender;

        (b)     a drug offence in the case of a serious drug offender;

        (c)     a sexual offence or a violent offence in the case of a serious sexual offender;

        (d)     a serious violent offence in the case of a serious violent offender;

"serious offender" means—

        (a)     serious arson offender; or

        (b)     serious drug offender; or

        (c)     serious sexual offender; or

        (d)     serious violent offender.

S. 6C inserted by No. 48/1997 s. 6.



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