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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Crimes Amendment (Gross Violence Offences) Bill
2012
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENT OF THE CRIMES ACT 1958 3
3 Definitions 3
4 New sections 15A and 15B inserted 4
15A Causing serious injury intentionally in circumstances
of gross violence 4
15B Causing serious injury recklessly in circumstances of
gross violence 5
15C Other offenders need not be prosecuted 7
5 New section 422 inserted 7
422 Alternative verdict on charge of causing serious injury
in circumstances of gross violence 7
6 New section 618 inserted 8
618 Transitional provision--Crimes Amendment (Gross
Violence Offences) Act 2012 8
7 Schedule 8 amended 8
PART 3--AMENDMENT OF THE SENTENCING ACT 1991 10
8 Definition amended 10
9 New sections 10 and 10A inserted 10
10 Custodial sentence must be imposed for gross
violence offences 10
10A Special reasons relevant to sentencing for gross
violence offences 11
10 Schedule 1 amended 13
571224B.I-11/12/2012 i BILL LA INTRODUCTION 11/12/2012
Clause Page
PART 4--REPEAL OF AMENDING ACT 15
11 Repeal of amending Act 15
ENDNOTES 16
571224B.I-11/12/2012 ii BILL LA INTRODUCTION 11/12/2012
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Crimes Amendment (Gross Violence
Offences) Bill 2012
A Bill for an Act to amend the Crimes Act 1958 and the Sentencing
Act 1991 to insert new offences of causing serious injury intentionally
or recklessly in circumstances of gross violence, to provide for a
minimum non-parole period in certain circumstances for those
offences, to amend certain definitions of injury and serious injury and
for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Crimes Act 1958--
5 (i) to substitute definitions of injury and
serious injury; and
571224B.I-11/12/2012 1 BILL LA INTRODUCTION 11/12/2012
Crimes Amendment (Gross Violence Offences) Bill 2012
Part 1--Preliminary
s. 2
(ii) to insert offences of causing serious
injury intentionally in circumstances of
gross violence and causing serious
injury recklessly in circumstances of
5 gross violence; and
(b) to amend the Sentencing Act 1991 to
provide for sentences with a minimum non-
parole period for those offences.
2 Commencement
10 (1) Subject to subsection (2), this Act comes into
operation on a day to be proclaimed.
(2) If this Act does not come into operation before
30 January 2014, it comes into operation on that
day.
__________________
571224B.I-11/12/2012 2 BILL LA INTRODUCTION 11/12/2012
Crimes Amendment (Gross Violence Offences) Bill 2012
Part 2--Amendment of the Crimes Act 1958
s. 3
PART 2--AMENDMENT OF THE CRIMES ACT 1958
3 Definitions
In section 15 of the Crimes Act 1958-- See:
Act No.
6231.
(a) for the definition of injury substitute-- Reprint No. 23
as at
5 "injury means-- 1 April 2012
and
(a) physical injury; or amending
Act Nos
(b) harm to mental health-- 16/2004,
49/2010,
whether temporary or permanent;"; 65/2010,
27/2011,
(b) for the definition of serious injury 43/2012 and
48/2012.
10 substitute-- LawToday:
www.
"serious injury means-- legislation.
vic.gov.au
(a) an injury (including the
cumulative effect of more than
one injury) that--
15 (i) endangers life; or
(ii) is substantial and protracted;
or
(b) the destruction, other than in the
course of a medical procedure, of
20 the foetus of a pregnant woman,
whether or not the woman suffers
any other harm;";
(c) insert the following definitions--
"firearm has the same meaning as in the
25 Firearms Act 1996;
harm to mental health includes
psychological harm but does not
include an emotional reaction such as
distress, grief, fear or anger unless it
30 results in psychological harm;
imitation firearm has the same meaning as
in section 77(1A);
571224B.I-11/12/2012 3 BILL LA INTRODUCTION 11/12/2012
Crimes Amendment (Gross Violence Offences) Bill 2012
Part 2--Amendment of the Crimes Act 1958
s. 4
offensive weapon has the same meaning as
in section 77(1A);
physical injury includes unconsciousness,
disfigurement, substantial pain,
5 infection with a disease and an
impairment of bodily function;".
4 New sections 15A and 15B inserted
After section 15 of the Crimes Act 1958 insert--
"15A Causing serious injury intentionally in
10 circumstances of gross violence
(1) A person must not, without lawful excuse,
intentionally cause serious injury to another
person in circumstances of gross violence.
Penalty: Level 3 imprisonment (20 years
15 maximum).
(2) For the purposes of subsection (1), any one
of the following constitutes circumstances of
gross violence--
(a) the offender planned in advance to
20 engage in conduct and at the time of
planning--
(i) the offender intended that the
conduct would cause a serious
injury; or
25 (ii) the offender was reckless as to
whether the conduct would cause
a serious injury; or
(iii) a reasonable person would have
foreseen that the conduct would
30 be likely to result in a serious
injury;
(b) the offender in company with 2 or more
other persons caused the serious injury;
571224B.I-11/12/2012 4 BILL LA INTRODUCTION 11/12/2012
Crimes Amendment (Gross Violence Offences) Bill 2012
Part 2--Amendment of the Crimes Act 1958
s. 4
(c) the offender participated in a joint
criminal enterprise with 2 or more other
persons in causing the serious injury;
(d) the offender planned in advance to have
5 with him or her and to use an offensive
weapon, firearm or imitation firearm
and in fact used the offensive weapon,
firearm or imitation firearm to cause the
serious injury;
10 (e) the offender continued to cause injury
to the other person after the other
person was incapacitated;
(f) the offender caused the serious injury to
the other person while the other person
15 was incapacitated.
Notes
1 See section 422(1) for an alternative verdict.
2 Section 10 of the Sentencing Act 1991 requires that a
term of imprisonment be imposed for an offence
20 against section 15A and that a non-parole period of not
less than 4 years be fixed under section 11 of that Act
unless the court finds under section 10A of that Act
that a special reason exists.
3 If a court makes a finding under section 10A of the
25 Sentencing Act 1991 that a special reason exists, the
requirements of section 10 of that Act do not apply and
the court has full sentencing discretion.
15B Causing serious injury recklessly in
circumstances of gross violence
30 (1) A person must not, without lawful excuse,
recklessly cause serious injury to another
person in circumstances of gross violence.
Penalty: Level 4 imprisonment (15 years
maximum).
571224B.I-11/12/2012 5 BILL LA INTRODUCTION 11/12/2012
Crimes Amendment (Gross Violence Offences) Bill 2012
Part 2--Amendment of the Crimes Act 1958
s. 4
(2) For the purposes of subsection (1), any one
of the following constitutes circumstances of
gross violence--
(a) the offender planned in advance to
5 engage in conduct and at the time of
planning--
(i) the offender intended that the
conduct would cause a serious
injury; or
10 (ii) the offender was reckless as to
whether the conduct would cause
a serious injury; or
(iii) a reasonable person would have
foreseen that the conduct would
15 be likely to result in a serious
injury;
(b) the offender in company with 2 or more
other persons caused the serious injury;
(c) the offender participated in a joint
20 criminal enterprise with 2 or more other
persons in causing the serious injury;
(d) the offender planned in advance to have
with him or her and to use an offensive
weapon, firearm or imitation firearm
25 and in fact used the offensive weapon,
firearm or imitation firearm to cause the
serious injury;
(e) the offender continued to cause injury
to the other person after the other
30 person was incapacitated;
571224B.I-11/12/2012 6 BILL LA INTRODUCTION 11/12/2012
Crimes Amendment (Gross Violence Offences) Bill 2012
Part 2--Amendment of the Crimes Act 1958
s. 5
(f) the offender caused the serious injury to
the other person while the other person
was incapacitated.
Notes
5 1 See section 422(2) for an alternative verdict.
2 Section 10 of the Sentencing Act 1991 requires that a
term of imprisonment be imposed for an offence
against section 15B and that a non-parole period of not
less than 4 years be fixed under section 11 of that Act
10 unless the court finds under section 10A of that Act
that a special reason exists.
3 If a court makes a finding under section 10A of the
Sentencing Act 1991 that a special reason exists, the
requirements of section 10 of that Act do not apply and
15 the court has full sentencing discretion.
15C Other offenders need not be prosecuted
A person may be found guilty of an offence
against section 15A or 15B whether or not
any other person is prosecuted for or found
20 guilty of the offence.".
5 New section 422 inserted
After section 421 of the Crimes Act 1958
insert--
"422 Alternative verdict on charge of causing
25 serious injury in circumstances of gross
violence
(1) If on the trial of a person charged with an
offence against section 15A the jury are not
satisfied that the person is guilty of the
30 offence charged but are satisfied that he or
she is guilty of an offence against section 16,
the jury may acquit the accused of the
offence charged and find the person guilty of
an offence against section 16 and the person
35 charged is liable to punishment accordingly.
571224B.I-11/12/2012 7 BILL LA INTRODUCTION 11/12/2012
Crimes Amendment (Gross Violence Offences) Bill 2012
Part 2--Amendment of the Crimes Act 1958
s. 6
(2) If on the trial of a person charged with an
offence against section 15B the jury are not
satisfied that the person is guilty of the
offence charged but are satisfied that he or
5 she is guilty of an offence against section 17,
the jury may acquit the accused of the
offence charged and find the person guilty of
an offence against section 17 and the person
charged is liable to punishment
10 accordingly.".
6 New section 618 inserted
After section 617 of the Crimes Act 1958
insert--
"618 Transitional provision--Crimes
15 Amendment (Gross Violence Offences)
Act 2012
(1) This Act as amended by Part 2 of the Crimes
Amendment (Gross Violence Offences)
Act 2012 applies to offences alleged to have
20 been committed on or after the
commencement of that Act.
(2) For the purposes of subsection (1), if an
offence is alleged to have been committed
between 2 dates, one before and one after the
25 commencement of the Crimes Amendment
(Gross Violence Offences) Act 2012, the
offence is alleged to have been committed
before that commencement.".
7 Schedule 8 amended
30 In item 4 of Schedule 8 to the Crimes Act 1958,
before paragraph (a) insert--
"(aa) section 15A (causing serious injury
intentionally in circumstances of gross
violence);
571224B.I-11/12/2012 8 BILL LA INTRODUCTION 11/12/2012
Crimes Amendment (Gross Violence Offences) Bill 2012
Part 2--Amendment of the Crimes Act 1958
s. 7
(ab) section 15B (causing serious injury
recklessly in circumstances of gross
violence);".
__________________
571224B.I-11/12/2012 9 BILL LA INTRODUCTION 11/12/2012
Crimes Amendment (Gross Violence Offences) Bill 2012
Part 3--Amendment of the Sentencing Act 1991
s. 8
PART 3--AMENDMENT OF THE SENTENCING ACT 1991
8 Definition amended
See: In section 3(1) of the Sentencing Act 1991, in the
Act No.
49/1991. definition of serious offence, before paragraph
5 Reprint No. 14
as at
(c)(i) insert--
14 November
2012
"(iaa) section 15A (causing serious injury
and intentionally in circumstances of gross
amending
Act Nos
violence);
65/2011 and
49/2012. (iab) section 15B (causing serious injury
10 LawToday: recklessly in circumstances of gross
www.
legislation. violence);".
vic.gov.au
9 New sections 10 and 10A inserted
After section 9 of the Sentencing Act 1991
insert--
15 "10 Custodial sentence must be imposed for
gross violence offences
(1) In sentencing an offender for an offence
against section 15A or 15B of the Crimes
Act 1958 (whether on appeal or otherwise), a
20 court must impose a term of imprisonment
and fix under section 11 a non-parole period
of not less than 4 years unless the court finds
under section 10A that a special reason
exists.
25 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--
(a) a person who aids, abets, counsels or
30 procures the commission of the
offence; or
Note
See section 323 of the Crimes Act 1958.
571224B.I-11/12/2012 10 BILL LA INTRODUCTION 11/12/2012
Crimes Amendment (Gross Violence Offences) Bill 2012
Part 3--Amendment of the Sentencing Act 1991
s. 9
(b) a person who is under the age of
18 years at the time of the commission
of the offence.
10A Special reasons relevant to sentencing for
5 gross violence offences
(1) In this section--
impaired mental functioning means--
(a) a mental illness within the
meaning of the Mental Health
10 Act 1986; or
(b) an intellectual disability within the
meaning of the Disability Act
2006; or
(c) an acquired brain injury; or
15 (d) autism spectrum disorder; or
(e) a neurological impairment,
including but not limited to
dementia.
(2) For the purposes of section 10, a court may
20 make a finding that a special reason exists
if--
(a) the offender has assisted or has given
an undertaking to assist, after
sentencing, law enforcement authorities
25 in the investigation or prosecution of an
offence; or
Notes
1 Section 5(2AB) also applies.
2 If an offender fails to fulfil an undertaking,
30 the Director of Public Prosecutions has a
right under section 291 of the Criminal
Procedure Act 2009 to appeal against the
less severe sentence imposed.
571224B.I-11/12/2012 11 BILL LA INTRODUCTION 11/12/2012
Crimes Amendment (Gross Violence Offences) Bill 2012
Part 3--Amendment of the Sentencing Act 1991
s. 9
(b) the offender--
(i) is of or over the age of 18 years
but under 21 years at the time of
the commission of the offence;
5 and
(ii) proves on the balance of
probabilities that he or she has a
particular psychosocial immaturity
that has resulted in a substantially
10 diminished ability to regulate his
or her behaviour in comparison
with the norm for persons of that
age; or
(c) the offender proves on the balance of
15 probabilities that--
(i) at the time of the commission of
the offence, he or she had
impaired mental functioning that
is causally linked to the
20 commission of the offence and
substantially reduces the
offender's culpability; or
(ii) he or she has impaired mental
functioning that would result in
25 the offender being subject to
significantly more than the
ordinary burden or risks of
imprisonment; or
(d) the court proposes to make a hospital
30 security order or a residential treatment
order in respect of the offender; or
(e) there are substantial and compelling
circumstances that justify doing so.
571224B.I-11/12/2012 12 BILL LA INTRODUCTION 11/12/2012
Crimes Amendment (Gross Violence Offences) Bill 2012
Part 3--Amendment of the Sentencing Act 1991
s. 10
(3) In determining whether there are substantial
and compelling circumstances under
subsection (2)(e), the court must have regard
to--
5 (a) the Parliament's intention that a
sentence of imprisonment should
ordinarily be imposed and that a non-
parole period of not less than 4 years
should ordinarily be fixed for an
10 offence against section 15A or 15B of
the Crimes Act 1958; and
(b) whether the cumulative impact of the
circumstances of the case would justify
a departure from that sentence and
15 minimum non-parole period.
(4) If a court makes a finding under subsection
(2), it must--
(a) state in writing the special reason; and
(b) cause that reason to be entered in the
20 records of the court.
(5) The failure of a court to comply with
subsection (4) does not invalidate any order
made by it.".
10 Schedule 1 amended
25 (1) In clause 2 of Schedule 1 to the Sentencing Act
1991, before paragraph (c)(i) insert--
"(iaa) section 15A (causing serious injury
intentionally in circumstances of gross
violence);
30 (iab) section 15B (causing serious injury
recklessly in circumstances of gross
violence);".
571224B.I-11/12/2012 13 BILL LA INTRODUCTION 11/12/2012
Crimes Amendment (Gross Violence Offences) Bill 2012
Part 3--Amendment of the Sentencing Act 1991
s. 10
(2) In clause 3 of Schedule 1 to the Sentencing Act
1991, before paragraph (b)(i) insert--
"(iaa) section 15A (causing serious injury
intentionally in circumstances of gross
5 violence);
(iab) section 15B (causing serious injury
recklessly in circumstances of gross
violence);".
__________________
571224B.I-11/12/2012 14 BILL LA INTRODUCTION 11/12/2012
Crimes Amendment (Gross Violence Offences) Bill 2012
Part 4--Repeal of Amending Act
s. 11
PART 4--REPEAL OF AMENDING ACT
11 Repeal of amending Act
This Act is repealed on 30 January 2015.
Note
5 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).
571224B.I-11/12/2012 15 BILL LA INTRODUCTION 11/12/2012
Crimes Amendment (Gross Violence Offences) Bill 2012
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571224B.I-11/12/2012 16 BILL LA INTRODUCTION 11/12/2012
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