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SENTENCING ACT 1991 - SECT 10AA

Custodial sentence for certain offences against emergency workers and custodial officers on duty

S. 10AA(1) amended by No. 28/2016 s. 3(2).

    (1)     Subject to subsection (2), in sentencing an offender (whether on appeal or otherwise) for an offence against a section of the Crimes Act 1958 specified in column 1 of Table 1 committed against an emergency worker on duty or a custodial officer on duty, a court must impose a term of imprisonment and fix under section 11 a non-parole period of not less than the period specified in column 2 of that Table in relation to that offence unless the court finds under section 10A that a special reason exists.

TABLE 1


Column 1

Offence

Column 2

Minimum non-parole period

Section 15A

5 years

Section 15B

5 years

Section 16

3 years

Section 17

2 years

Note

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

S. 10AA(2) amended by No. 28/2016 s. 3(2).

    (2)     In the circumstances described in subsection (3), in sentencing a young offender for an offence against a section of the Crimes Act 1958 specified in column 1 of Table 2 committed against an emergency worker on duty or a custodial officer on duty, a court is not required to impose a term of imprisonment and fix a non-parole period in accordance with subsection (1) but, if it decides not to impose such a term and fix such a period, it must make a youth justice centre order for a term not less than the term specified in column 2 of that Table in relation to that offence.

TABLE 2


Column 1

Offence

Column 2

Minimum youth justice centre term

Section 16

3 years

Section 17

2 years

    (3)     The circumstances are that the court—

        (a)     has not made a finding under section 10A that a special reason exists; and

        (b)     has received a pre-sentence report and believes—

              (i)     that there are reasonable prospects for the rehabilitation of the young offender; or

              (ii)     that the young offender is particularly impressionable, immature or likely to be subjected to undesirable influences in an adult prison.

S. 10AA(4) amended by No. 28/2016 s. 3(2).

    (4)     In sentencing an offender (whether on appeal or otherwise) for an offence against section 18 of the  Crimes Act 1958 committed against an emergency worker on duty or a custodial officer on duty, a court must impose a term of imprisonment of not less than 6 months unless the court finds under section 10A that a special reason exists.

    (5)     Subsections (1), (2) and (4) apply to a court in sentencing an offender for the offence only if it is satisfied beyond reasonable doubt that—

S. 10AA(5)(a) amended by No. 28/2016 s. 3(3)(a).

        (a)     a victim of the offence was an emergency worker on duty or a custodial officer on duty (as the case may be); and

S. 10AA(5)(b) amended by No. 28/2016 s. 3(3)(b).

        (b)     at the time of carrying out the conduct the offender knew or was reckless as to whether the victim was an emergency worker or a custodial officer (as the case may be).

    (6)     Subsections (1), (2) and (4) do not apply to an offender

S. 10AA(6)(a) substituted by No. 79/2014 s. 63(1).

        (a)     who is involved in the commission of the offence within the meaning of section 323(1)(a) or (b) of the Crimes Act 1958 ; or

Note to s. 10AA(6)(a) repealed by No. 79/2014 s. 63(2).

    *     *     *     *     *

        (b)     who is under the age of 18 years at the time of the commission of the offence.

    (7)     Subdivision (4) (except section 32(1), (2), (2A) and (2B)) applies in relation to a youth justice centre order made under subsection (2).

    (8)     In this section—

S. 10AA(8) def. of custodial officer inserted by No. 28/2016 s. 3(4).

"custodial officer" means—

        (a)     a Governor, prison officer or escort officer within the meaning of the Corrections Act 1986 ; or

        (b)     a police custody officer within the meaning of the Victoria Police Act 2013 ; or

        (c)     a person authorised under section 9A(1) of the Corrections Act 1986 to exercise a function or power of a Governor, a prison officer or an escort officer under that Act; or

        (d)     a person authorised under section 9A(1A) or (1B) of the Corrections Act 1986 to exercise a function or power referred to in that subsection;

"emergency treatment" means unplanned or unexpected treatment of a patient that may be necessary, as a matter of urgency—

        (a)     to save the patient's life; or

        (b)     to prevent damage to the patient's health; or

        (c)     to prevent the patient from suffering or continuing to suffer pain or distress;

"emergency worker" means—

        (a)     a police officer or protective services officer within the meaning of the Victoria Police Act 2013 ; or

        (b)     an operational staff member within the meaning of the Ambulance Services Act 1986 ; or

        (c)     a person employed or engaged to provide, or support the provision of, emergency treatment to patients in a hospital; or

        (d)     a person employed by the Metropolitan Fire and Emergency Services Board established under the Metropolitan Fire Brigades Act 1958 or a member of a fire or emergency service unit established under that Act; or

        (e)     an officer or employee of the Country Fire Authority under the Country Fire Authority Act 1958 ; or

        (f)     an officer or member of a brigade under the Country Fire Authority Act 1958 , whether a part-time officer or member, a permanent officer or member or a volunteer officer or member within the meaning of that Act; or

        (g)     a casual fire-fighter within the meaning of Part V of the Country Fire Authority Act 1958 ; or

        (h)     a volunteer auxiliary worker appointed under section 17A of the Country Fire Authority Act 1958 ; or

              (i)     a person employed in the Department of Environment and Primary Industries with emergency response duties; or

        (j)     a registered member or probationary member within the meaning of the Victoria State Emergency Service Act 2005 or an employee in the Victoria State Emergency Service; or

        (k)     a volunteer emergency worker within the meaning of the Emergency Management Act 1986 ; or

        (l)     any other person or body—

              (i)     required or permitted under the terms of their employment by, or contract for services with, the Crown or a government agency to respond (within the meaning of the Emergency Management Act 2013 ) to an emergency (within the meaning of that Act); or

              (ii)     engaged by the Crown or a government agency to provide services or perform work in relation to a particular emergency;

"hospital" means a public hospital, private hospital, denominational hospital or day procedure centre within the meaning of the Health Services Act 1988 .

    (9)     For the purposes of this section an emergency worker is on duty if—

        (a)     in the case of a police officer or protective services officer within the meaning of the Victoria Police Act 2013 , the officer is performing any duty or exercising any power as such an officer; or

        (b)     in the case of an operational staff member within the meaning of the Ambulance Services Act 1986 , the staff member is providing, or attempting to provide, care or treatment to a patient ; or

        (c)     in the case of a person employed or engaged to provide, or support the provision of, emergency treatment to patients in a hospital, the person is providing, or supporting the provision of, or attempting to provide or support the provision of, such treatment; or

        (d)     in any other case, the person is performing any duty or exercising any power in response to an emergency within the meaning of the Emergency Management Act 2013 .

S. 10AA(10) inserted by No. 28/2016 s. 3(5).

    (10)     For the purposes of this section a custodial officer is on duty if—

        (a)     in the case of a Governor, prison officer or escort officer within the meaning of the Corrections Act 1986 , the Governor or officer is exercising a function or power as a Governor, prison officer or escort officer (as the case may be); or

        (b)     in the case of a police custody officer within the meaning of the Victoria Police Act 2013 , the officer is exercising a function or power as a police custody officer; or

        (c)     in the case of a person authorised under section 9A(1) of the Corrections Act 1986 to exercise a function or power of a Governor, a prison officer or an escort officer under that Act, the person is exercising a function or power specified in the instrument of authorisation; or

        (d)     in the case of a person authorised under section 9A(1A) or (1B) of the Corrections Act 1986 , the person is exercising a function or power specified in the instrument of authorisation.

S. 10AB inserted by No. 32/2016 s. 40.



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