Victorian Current Acts

SENTENCING ACT 1991 - SECT 9B

    (1)     This section applies to the sentencing of an offender (whether on appeal or otherwise) for an offence of manslaughter if—

        (a)     the prosecution served and filed a notice under section 9A in relation to the offence; and

        (b)     the notice specifies, in accordance with section 9A(3), that it relates to this section; and

        (c)     the notice has not been revoked under section 9A(8).

    (2)     In sentencing the offender, the court must impose a term of imprisonment and fix under section 11 a non-parole period of not less than 10 years unless the court finds under section 10A that a special reason exists.

Note

Section 11(3) requires that a non-parole period must be at least 6 months less than the term of the sentence.

    (3)     Subsection (2) applies to the court in sentencing the offender only if—

        (a)     the court is satisfied beyond reasonable doubt that—

              (i)     the offender in company with 2 or more other persons caused the victim's death; or

S. 9B(3)(a)(ii) substituted by No. 72/2014 s. 10.

              (ii)     the offender entered into an agreement, arrangement or understanding with 2 or more persons to engage in the conduct that resulted in the victim's death; and

Note

See Subdivision (1) (Complicity in commission of offences) of Division 1 of Part II of the Crimes Act 1958 .

        (b)     the court is also satisfied beyond reasonable doubt that—

              (i)     the offender planned in advance to have with him or her and to use an offensive weapon or firearm, and in fact used the offensive weapon or firearm to cause the victim's death; or

              (ii)     the offender planned in advance to engage in the conduct that resulted in the victim's death and at the time of the planning a reasonable person would have foreseen that the conduct would be likely to result in death; or

              (iii)     the offender caused two or more serious injuries to the victim during a sustained or prolonged attack on the victim.

    (4)     Subsection (2) does not apply to a person who is under the age of 18 years at the time of the commission of the offence.

    (5)     In this section—

"firearm", offensive weapon and serious injury have the meanings given by section 15 of the Crimes Act 1958 .

S. 9C inserted by No. 72/2014 s. 6.