Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Crimes Amendment (Ramming of Police Vehicles)
Bill 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 1
Part 2--Offence of ramming a police vehicle 2
3 New section 247M inserted 2
4 New section 10AE inserted 3
5 Special reasons relevant to imposing minimum non-parole
periods 3
6 Sentences--whether concurrent or cumulative 4
Part 3--Repeal of amending Act 5
7 Repeal of amending Act 5
═════════════
Endnotes 6
1 General information 6
581PM30B.I-20/6/2017 i BILL LC INTRODUCTION 20/6/2017
PARLIAMENT OF VICTORIA
Introduced in the Council by Edward O'Donohue
Crimes Amendment (Ramming of
Police Vehicles) Bill 2017
A Bill for an Act to amend the Crimes Act 1958 to create an offence relating
to ramming police vehicles, to amend the Sentencing Act 1991 to make
provision for sentencing for that offence, and for other purposes.
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to amend the Crimes Act 1958 to create an
offence of ramming a police vehicle; and
(b) to amend the Sentencing Act 1991 to make
provision in relation to sentencing for that
offence.
2 Commencement
This Act comes into operation on the day after the
day on which this Act receives the Royal Assent.
581PM30B.I-20/6/2017 1 BILL LC INTRODUCTION 20/6/2017
Crimes Amendment (Ramming of Police Vehicles) Bill 2017
Part 2--Offence of ramming a police vehicle
Part 2--Offence of ramming a police vehicle
3 New section 247M inserted
After section 247L of the Crimes Act 1958
insert--
5 "(8) Police vehicles
247M Ramming a police vehicle
(1) A person must not, without lawful excuse,
ram a police vehicle using another vehicle,
or cause a police vehicle to be rammed using
10 another vehicle.
Penalty: Level 5 imprisonment (10 years
maximum).
(2) A person may be found guilty of an
offence under subsection (1) irrespective
15 of whether--
(a) any person was in or near the
police vehicle concerned when it
was rammed; or
(b) any person was injured or adversely
20 affected by the ramming of the police
vehicle.
(3) A person may be found guilty of an offence
under subsection (1) irrespective of whether
the person was--
25 (a) driving; or
(b) a passenger in; or
(c) outside--
the vehicle which caused a police vehicle to
be rammed.
581PM30B.I-20/6/2017 2 BILL LC INTRODUCTION 20/6/2017
Crimes Amendment (Ramming of Police Vehicles) Bill 2017
Part 2--Offence of ramming a police vehicle
(4) In this section, police vehicle means any
vehicle driven by a person who is--
(a) a police officer; and
(b) driving the vehicle in the course of
5 the police officer's duties as a police
officer.".
4 New section 10AE inserted
After section 10AD of the Sentencing Act 1991
insert--
10 "10AE Custodial sentence must be imposed for
offence of ramming a police vehicle
(1) In sentencing an offender (whether on
appeal or otherwise) for an offence against
section 247M of the Crimes Act 1958, a
15 court must impose a term of imprisonment
and fix under section 11 a non-parole period
of not less than 2 years unless the court finds
under section 10A that a special reason
exists.
20 Note
Section 11(3) requires that a non-parole period must
be at least 6 months less than the term of the sentence.
(2) Subsection (1) does not apply to an offender
who is under the age of 18 years at the time
25 of the offence.".
5 Special reasons relevant to imposing minimum
non-parole periods
(1) In section 10A(2) of the Sentencing Act 1991,
for "or 10AD" substitute ", 10AD or 10AE".
581PM30B.I-20/6/2017 3 BILL LC INTRODUCTION 20/6/2017
Crimes Amendment (Ramming of Police Vehicles) Bill 2017
Part 2--Offence of ramming a police vehicle
(2) After section 10A(3)(ae) of the Sentencing
Act 1991 insert--
"(af) the Parliament's intention that a sentence of
imprisonment of not less than 2 years should
5 ordinarily be imposed for an offence covered
by section 10AE; and".
6 Sentences--whether concurrent or cumulative
(1) After section 16(1A)(d) of the Sentencing
Act 1991 insert--
10 "(da) on any person for an offence against
section 247M of the Crimes Act 1958
(ramming a police vehicle); or".
(2) After section 16(3BA) of the Sentencing
Act 1991 insert--
15 "(3BB) Every term of imprisonment imposed on a
person for an offence against section 247M
of the Crimes Act 1958 (ramming a police
vehicle) must, unless otherwise directed
by the court because of the existence of
20 exceptional circumstances, 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.".
581PM30B.I-20/6/2017 4 BILL LC INTRODUCTION 20/6/2017
Crimes Amendment (Ramming of Police Vehicles) Bill 2017
Part 3--Repeal of amending Act
Part 3--Repeal of amending Act
7 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
5 Note
The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
═════════════
581PM30B.I-20/6/2017 5 BILL LC INTRODUCTION 20/6/2017
Crimes Amendment (Ramming of Police Vehicles) Bill 2017
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
By Authority. Government Printer for the State of Victoria.
581PM30B.I-20/6/2017 6 BILL LC INTRODUCTION 20/6/2017
[Index] [Search] [Download] [Related Items] [Help]