Victorian Numbered Acts

JUSTICE LEGISLATION MISCELLANEOUS AMENDMENT ACT 2018 (NO. 48 OF 2018) - SECT 74

In section 3(1) of the Sentencing Act 1991 , in the definition of category 2 offence —

        (a)     in paragraph (c), after "intentionally)" insert "other than a category 1 offence";

        (b)     for paragraph (j) substitute —

    "(j)     an offence against section 317AD of the Crimes Act 1958 (aggravated offence of intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving) other than a category 1 offence;";

        (c)     in paragraph (k), after " 1958 " insert "(aggravated offence of recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving)";

        (d)     after paragraph (d) insert —

    "(da)     an offence against section 75A(2) of the Crimes Act 1958 (armed robbery) if—

              (i)     the offender has with him or her a firearm at the time of the offence; or

              (ii)     a victim of the offence has suffered injury as a direct result of the offence; or

              (iii)     the offence was committed by the offender in company with one or more other persons;

        (db)     an offence against section 77A(3) of the Crimes Act 1958 (home invasion);

        (dc)     an offence against section 79(2) of the Crimes Act 1958 (carjacking);";

        (e)     after paragraph (e) insert —

    "(ea)     an offence against section 318(1) of the Crimes Act 1958 (culpable driving causing death);

        (eb)     an offence against section 319(1) of the Crimes Act 1958 (dangerous driving causing death);".