Victorian Numbered Acts

CRIMES AMENDMENT (SEXUAL OFFENCES AND OTHER MATTERS) ACT 2014 (NO. 74 OF 2014) - SECT 17

See:
Act No.
49/1991.
Reprint No. 20
as at
1 July 2014 and amending
Act Nos
32/2013, 77/2013, 17/2014 and 47/2014.
LawToday:
www.
legislation.
vic.gov.au

After section 5(2E) of the Sentencing Act 1991 insert —

    "(2F)     In sentencing an offender for the incidents of the commission of an offence included in a course of conduct charge (within the meaning of clause 4A of Schedule 1 to the Criminal Procedure Act 2009 ) a court—

        (a)     must impose a sentence that reflects the totality of the offending that constitutes the course of conduct; and

        (b)     must not impose a sentence that exceeds the maximum penalty prescribed for the offence if charged as a single offence.

Note

If a jury finds a person guilty of a course of conduct charge, in making finding of facts relevant to sentencing the sentencing judge determines the course of conduct in which the person engaged and by reference to which the person will be sentenced.".