Victorian Current Acts

SENTENCING ACT 1991 - SECT 9A

    (1)     This section applies to—

        (a)     a committal proceeding for an offence of murder or manslaughter; and

        (b)     a trial for an offence of murder or manslaughter.

Note

Subsection (1) refers to both murder and manslaughter as under section 421 of the Crimes Act 1958 on a trial for an offence of murder an accused may be found guilty of manslaughter.

    (2)     The DPP may give notice that, if the accused is found guilty of the offence of manslaughter, the prosecution intends to seek the imposition of a sentence in accordance with section 9B or 9C.

    (3)     The DPP must specify in the notice whether the notice relates to either section 9B or 9C.

    (4)     The DPP must give notice by—

        (a)     serving the notice on the accused by ordinary service; and

        (b)     filing a copy of the notice.

    (5)     The DPP must give the notice—

        (a)     for a notice given in relation to a committal proceeding, before the Magistrates' Court commits the accused for trial in accordance with section 144 of the Criminal Procedure Act 2009 ; or

        (b)     for a notice given in relation to a trial—

              (i)     on or before the day on which the DPP serves on the accused and files a summary of the prosecution opening in accordance with section 182 of the Criminal Procedure Act 2009 ; or

              (ii)     if the accused is to be arraigned for the offence without such a summary having been served and filed, at least 7 days before the arraignment.

    (6)     The court in which the accused is to be tried, by order, may abridge the period before arraignment referred to in subsection (5)(b)(ii) if it considers that it is in the interests of justice to do so.

    (7)     Unless the court referred to in subsection (6) otherwise orders, no material in support of an order under that subsection need be filed.

    (8)     The DPP may revoke a notice at any time by—

        (a)     serving a notice of revocation on the accused by ordinary service; and

        (b)     filing a copy of the notice.

    (9)     In this section—

"filing" means—

        (a)     in relation to a committal proceeding, filing with the registrar of the venue of the Magistrates' Court at which the committal proceeding is, or is to be, held; or

        (b)     in relation to a trial, filing in the court in which the accused is to be tried;

"ordinary service" has the same meaning as in the Criminal Procedure Act 2009 .

S. 9B inserted by No. 72/2014 s. 6.