Victorian Numbered Acts

SENTENCING AMENDMENT (EMERGENCY WORKER HARM) ACT 2020 (NO. 23 OF 2020) - SECT 11

    (1)     The note at the foot of section 15B(1) of the Crimes Act 1958 is repealed .

    (2)     For the notes at the foot of section 15B of the Crimes Act 1958 substitute —

" Notes

1     See section 422(2) for an alternative verdict.

2     An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991 . See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.

3     See section 10 of the Sentencing Act 1991 for the requirement that a term of imprisonment be imposed for an offence against section 15B(1) 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.

4     If a victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty, see section 10AA(1) of the Sentencing Act 1991 for the requirement that a non-parole period of not less than 5 years be fixed unless the court finds under section 10A of that Act that a special reason exists.".