For indictable offences not capable of being heard and determined in the Magistrates' Court, Victoria's sentencing laws provide for mandatory and presumptive sentencing.
Some offences require the Sentencing Judge to adhere to a standard sentencing scheme and these offences include:
murder
homicide by firearm
rape
culpable driving causing death
trafficking in a large commercial quantity of a drug of dependence
sexual offences involving children.
Other offences presume imprisonment unless the offender can satisfy a narrow exception. These offences include:
manslaughter
child homicide
causing serious injury intentionally
kidnapping
arson causing death
trafficking in a commercial quantity of a drug of dependence
cultivation of a commercial quantity of a narcotic plant
providing documents or information facilitating terrorist acts.
intentionally exposing an emergency worker, custodial officer or youth justice custodial worker to risk by driving
armed robbery (where a firearm was used, a victim suffered injury or the offence was committed in company)
home invasion
carjacking
culpable driving causing death
dangerous driving causing death.
For a good and detailed summary of the various sentencing schemes under the Sentencing Act 1981 (Vic) see the Sentencing Advisory Council article here.
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