Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 362B

    (1)     This section applies if a child is convicted by the Court of 2 or more offences which—

        (a)     are founded on the same facts; or

        (b)     form, or are part of, a series of offences of the same or a similar character.

    (2)     The Court may impose an aggregate sentence of detention in respect of those offences in place of a separate sentence of detention in respect of all or any 2 or more of them.

    (3)     The term of the aggregate sentence of detention must not exceed the total effective period of detention that could have been imposed in respect of the offences in accordance with this Act if the Court had imposed a separate sentence of detention in respect of each of them.

    (4)     If the Court proposes to impose an aggregate sentence of detention it must, before doing so, announce in open court, in language likely to be readily understood by the child—

        (a)     the decision to impose an aggregate sentence and the reasons for doing so; and

        (b)     the effect of the proposed aggregate sentence.

    (5)     If the Court imposes an aggregate sentence of detention in respect of 2 or more offences, the Court—

        (a)     is not required to identify separate events giving rise to specific charges; and

        (b)     is not required to announce—

              (i)     the sentences that would have been imposed for each offence, had separate sentences been imposed; or

              (ii)     whether those sentences would have been imposed concurrently or cumulatively.

    (6)     To avoid doubt, an aggregate sentence of detention may be imposed in respect of convictions for offences that are the subject of a rolled-up charge or a representative charge.

Note

A representative charge is a charge in an indictment for an offence that is representative of a number of offences of the same type alleged to have been committed by the accused. A rolled-up charge is a charge in an indictment that alleges that the accused has committed more than one offence of the same type between specified dates.

    (7)     Nothing in this section affects the requirements of—

        (a)     section 362A (sentence discount for guilty plea); or

        (b)     section 411 (youth residential centre orders); or

        (c)     section 413 (youth justice centre orders).

Division 2—Undertaking