Victorian Current Acts Victorian Current Acts(1) In this section—
2017 Act means the Sentencing Amendment (Sentencing Standards) Act 2017 ;
Part 3 commencement day means the day on which Part 3 of the 2017 Act comes into operation.
(2) The amendments made to this Act by Part 3 of the 2017 Act only apply to the sentencing of an offender on or after the Part 3 commencement day for an offence alleged to have been committed on or after that day.
(3) However, nothing in subsection (2) prevents a court taking into account the effect on current sentencing practices of the amendments made to this Act by Part 3 of the 2017 Act in sentencing an offender on or after the Part 3 commencement day for an offence to which those amendments would have applied had it been committed on or after that day.
Note
Section 5(2)(b) requires a court in sentencing an offender to have regard to current sentencing practices.
(4) For the purposes of subsections (2) and (3), if an offence is alleged to have been committed between 2 dates, one before and one after the Part 3 commencement day, the offence is alleged to have been committed before that day.
(5) The amendment made to this Act by section 43(2) of the 2017 Act applies to a sentence imposed after the commencement of that section, irrespective of when the offence was committed.
(6) For the purposes of subsection (5), a sentence imposed by an appellate court on setting aside a sentencing order must be taken to have been imposed at the time the original sentencing order was made.
S. 164 inserted by No. 5/2018 s. 34, renumbered as s. 166 by No. 3/2019 s. 88(5).