Recklessness: Report
4. Victorian offences against the person that include recklessness
Overview
• This chapter outlines the offences against the person in Part I, Division 1(4) of the Crimes Act 1958 (Vic) that include recklessness, including the source of the offence, jurisdiction, history, elements, possible alternative offences, and penalties.
• Understanding the scope of the offences involving recklessness assists in locating the offences in their wider criminal law context and assessing the implications of any potential change.
Offences against the person that include recklessness
4.1 Before we address the broader policy issues about how recklessness should be defined, it is important to understand the offences involved. This helps us locate the offences in their wider criminal law context and assess the implications of any potential change.
4.2 Our review of recklessness focused on offences against the person in Part I, Division 1(4) of the Crimes Act 1958 (Vic) that include a recklessness element.[1] We have grouped them as follows:
• gross violence offences (sections 15A and 15B)
• injury offences (sections 17–18)
• offence to administer certain substances (section 19)
• threat offences (sections 20–21)
• endangerment offences (sections 22–23)
• setting traps (sections 25–26)
• assaults (section 31)
• discharging a firearm reckless as to the safety of a police officer or protective services officer (PSO) (section 31C)
4.3 This chapter describes each of the offences against the person that include recklessness, including their source, jurisdiction, history and elements. It also sets out the relative frequency of the various offences, trends over time, and sentencing outcomes.
4.4 We list other possible charges that might be open, although their applicability would depend on the evidence in the individual case. Other assault offences outside of the Crimes Act are set out in Appendix C.
Indictable offences and the courts they can be heard in
4.5 Offences in the Crimes Act are indictable offences, meaning that they are serious offences usually determined in the higher courts. If an accused person pleads not guilty to an indictable offence, the case will go to trial to be determined by a jury.[2]
4.6 Less serious indictable offences might be ‘triable summarily’, meaning they can be heard and determined by a magistrate in the lower courts.[3] The maximum term of imprisonment that can be imposed for an indictable offence in the summary jurisdiction is two years for a single offence, or five years for multiple offences.[4]
Without lawful excuse
4.7 Many of the offences against the person that include recklessness also include the element ‘without lawful excuse’. This requires the prosecution to disprove any justifications, excuses or defences that are open on the evidence.
The definitions of ‘injury’ and ‘serious injury’
4.8 The gross violence and injury offences require the prosecution to prove an ‘injury’ or ‘serious injury’ resulted.
4.9 ‘Injury’ means ‘physical injury’ or ‘harm to mental health’, whether temporary or permanent.[5]
4.10 ‘Serious injury’ means:
‘an injury (including the cumulative effect of more than one injury) that:
i) endangers life; or
ii) is substantial and protracted; or
the destruction, other than in the course of a medical procedure, of the foetus of a pregnant woman, whether or not the woman suffers any other harm.’[6]
4.11 These definitions apply from 1 July 2013.[7] We discuss the development of the serious injury definition further in Chapter 8.
Gross violence offences
4.12 Section 15A of the Crimes Act creates the offence of intentionally causing serious injury in circumstances of gross violence. Although this is an intentional offence, if the circumstance of gross violence relied on involves planning in advance, that circumstance can be proved by intention, a subjective recklessness test, or an objective recklessness test.
4.13 Section 15B of the Crimes Act creates the offence of recklessly causing serious injury in circumstances of gross violence.
4.14 The gross violence offences are indictable only. They cannot be heard in the summary jurisdiction.
4.15 The gross violence offences commenced on 1 July 2013, at the same time as the amended ‘injury’ and ‘serious injury’ definitions. They sit at the top of the hierarchy of non-fatal offences against the person in Victoria and ‘are intended to capture a subset of the serious injury offences cases … that involve a particularly high level of harm and culpability.’[8] The then-Attorney-General said that the offences were introduced to combat a ‘culture of extreme violence’:
For too long, the law has not done enough to protect innocent Victorians from being victims of horrific, unprovoked attacks that leave terrible lifelong injuries … Vicious kicking or stomping on the heads of victims has become commonplace, as has the deliberate carrying and use of knives to inflict terrible wounds. These attacks go way beyond spontaneous street brawls.[9]
4.16 Table 2 sets out the elements of the gross violence offences and other possible charges.
Table 2: Elements of the gross violence offences and other possible charges
|
Elements of the gross violence offences |
Other possible charges |
|---|---|
|
• The accused caused serious injury to another person. • The accused acted intentionally (s 15A) or recklessly (s 15B). • The accused acted in circumstances of gross violence. • The accused acted without lawful excuse. |
• the injury offences[10] • the endangerment offences • violent disorder[11] • affray[12] • assault offences. |
4.17 The prosecution only needs to prove one circumstance of gross violence. Table 3 sets out the circumstances of gross violence,[13] alongside their purpose.[14]
Table 3: Circumstances of gross violence and their purpose
|
Circumstance of gross violence |
Purpose |
|---|---|
|
a) The accused planned in advance to engage in conduct and at the time of planning had a particular state of mind, either: i) the accused intended that the conduct would cause serious injury; or ii) the accused was reckless as to whether the conduct would cause serious injury; or iii) a reasonable person would have foreseen that the conduct would be likely to result in a serious injury. |
‘This circumstance is intended to capture situations where an offender has planned to beat or threaten someone with violence, and at the time [they] formulated that plan, [they] intended or [were] reckless about causing serious injury. The circumstance is also intended to capture scenarios where, at the time of planning, a reasonable person would have foreseen the conduct would be likely to result in a serious injury.’[15] ‘The idea of planning in advance is intended to capture premeditation or pre-planning, rather than intent formulated only moments in advance of the offending behaviour. [For example] It is not intended to capture someone who is pushed in a pub and then turns around and decides to king-hit the other person. That person can be charged with intentionally or recklessly causing serious injury. However, it is intended that planning in advance will capture, for example, someone who is pushed in a nightclub, goes home and decides to retaliate … then returns to the nightclub and causes serious injury.’[16] |
|
b) The accused caused the serious injury in company with two or more other people. |
These circumstances are intended to ‘target group behaviour.’[17] A person may be found guilty of an offence against section 15A or 15B regardless of whether any other person is prosecuted for or found guilty of the offence.[18] |
|
c) The accused entered into an agreement, arrangement or understanding with two or more people to cause a serious injury. |
|
|
d) The accused planned in advance to have with them and to use an offensive weapon, firearm or imitation firearm and in fact used it to cause the serious injury. |
This circumstance ‘targets offenders who have planned in advance to have … and use a weapon, and then [have] in fact used that weapon to cause serious injury’.[19] ‘The offender’s plan to have and use a weapon does not need to involve planning to cause a serious injury. For example, it may be that an offender has planned to have and use a weapon for self-defence purposes … then used a weapon to cause a serious injury.’[20] |
|
e) The accused continued to cause injury to the other person after the other person was incapacitated. |
These circumstances ‘address situations where serious injuries are caused to incapacitated victims. The [legislation] does not define the term ‘incapacitation’, but leaves it open to the courts to interpret the term by reference to its ordinary and natural meaning, and on a case-by-case basis … to mean anything from a person being unconscious to a person being conscious but unable to defend [themselves].’[21] These circumstances are ‘intended to cover, for example, cases where the victim is in a wheelchair and has been attacked … [and] where the offender has continued to cause injury to the victim after the victim is incapacitated.’[22] ‘This circumstance does not depend on proof that the offender knew the victim was incapacitated.’[23] |
|
f) The accused caused the serious injury to the other person while the other person was incapacitated. |
Injury offences
4.18 Section 17 of the Crimes Act creates the offence of recklessly causing serious injury.
4.19 Section 18 of the Crimes Act creates two distinct offences:
• intentionally causing injury
• recklessly causing injury.
4.20 The section 17 and 18 offences are indictable offences triable summarily,[24] except where they are alleged to have been committed against an on-duty emergency worker, custodial officer, or youth justice custodial worker.[25]
4.21 Sections 17 and 18 commenced operation on 24 March 1986.[26] Together with the section 16 offence of intentionally causing serious injury, they replaced old offences of malicious wounding with intent to do grievous bodily harm, malicious infliction of grievous bodily harm, and malicious wounding.[27] The purpose of the reforms was to simplify the offences and the relationship between them.[28]
4.22 When section 18 was introduced it had a single maximum penalty of seven years imprisonment. In 1992, the commencement of the Sentencing Act 1991 (Vic) applied a new penalty scale to the Crimes Act offences,[29] and two separate maximum penalties were applied to section 18:
• seven and a half years imprisonment for intentionally causing injury
• five years imprisonment for recklessly causing injury.
4.23 For some time, there was uncertainty as to whether section 18 created one or two offences. The Court of Appeal resolved this issue in 1994 in R v Hassett,[30] finding that with the introduction of the Sentencing Act, Parliament intended to separate section 18 into two offences by attaching different maximum penalties to the distinct fault elements.
4.24 In 1997, after an extensive review of maximum penalties, a new penalty scale was applied to the Crimes Act offences.[31] The penalties for the injury offences were amended to their current level, with five-year increments between them.
4.25 Table 4 sets out the elements of the injury offences and other possible charges.
Table 4: Elements of the injury offences and other possible charges
|
Elements of the injury offences |
Other possible charges |
|---|---|
|
Section 17 • The accused caused serious injury to another person. • The accused acted recklessly. • The accused acted without lawful excuse. |
• the endangerment offences • affray[32] • assault offences. |
|
Section 18 • The accused caused injury to another person. • The accused acted intentionally or recklessly. • The accused acted without lawful excuse. |
Offence to administer certain substances
4.26 Section 19 of the Crimes Act creates the offence of administering or causing another person to take a substance capable of substantially interfering with bodily functions. It is indictable triable summarily.[33]
4.27 The section 19 offence commenced operation on 24 March 1986.[34] It replaced old offences including administering chloroform and poison. The section 19 offence was:
designed to catch the case in which no injury results from the administration [of a dangerous substance]. The administration of dangerous substances without the consent of another is a serious matter and ought to be punishable whether or not harm is actually done.[35]
4.28 There are very few cases of this offence in practice.[36]
4.29 Table 5 sets out the elements of the section 19 offence and other possible charges.
Table 5: Elements of the section 19 offence and other possible charges
|
Elements of the section 19 offence |
Other possible charges |
|---|---|
|
• The accused administered to or caused to be taken by another person a substance. • The substance was capable of interfering substantially with the other person’s bodily functions. • The accused knew that the substance was capable of interfering substantially with the other person’s bodily functions. • The accused knew that the other person had not consented to the administration or taking of the substance or was reckless as to whether or not the other person had consented. • The accused acted without lawful excuse. |
• administration of an intoxicating substance for a sexual purpose[37] • the injury offences • the endangerment offences • food or drink spiking[38] • introduction of a drug of dependence into the body of another person,[39] or other drug offences[40] • assault offences. |
4.30 A person should not be taken to have consented to the administration or taking of a substance if, had they known the likely consequences, they would not be likely to have consented.[41]
4.31 If a substance is capable of inducing unconsciousness or sleep it falls within the scope of interfering substantially with bodily functions.[42]
Threat offences
4.32 Section 20 of the Crimes Act creates the offence of making a threat to kill.
4.33 Section 21 of the Crimes Act creates the offence of making a threat to inflict serious injury.
4.34 Both threat offences are indictable triable summarily.[43] They commenced operation on 24 March 1986.[44]
4.35 Table 6 sets out the elements of the threat offences and other possible charges.
Table 6: Elements of the threat offences and other possible charges
|
Elements of the threat offences |
Other possible charges |
|---|---|
|
• The accused made a threat to another person. • The threat was to kill (s 20) or seriously injure (s 21) that person or some other person. • The accused intended that the other person would fear that the threat would be carried out or was reckless as to whether or not that person would fear that the threat would be carried out. • The threat was made without lawful excuse. |
• blackmail[45] • bomb hoaxes[46] • extortion offences[47] • threatening injury to prevent arrest[48] • intimidation of a law enforcement officer or their family member[49] • threat to commit a sexual offence[50] • false statements (threat to property or persons)[51] • threats to destroy or damage property[52] • affray[53] • assault offences • threat to distribute intimate image[54] • obscene, indecent, threatening language and behaviour etc. in public.[55] |
Endangerment offences
4.36 Section 22 of the Crimes Act creates the offence of conduct endangering life.
4.37 Section 23 of the Crimes Act creates the offence of conduct endangering persons. This offence ‘is sometimes described as reckless conduct endangering serious injury, which reflects its elements.’[56] The seriousness of this offence is ‘determined according to the degree of recklessness [shown] by the conduct that constitutes the charge, and the nature of its foreseeable potential consequences.’[57]
4.38 Both endangerment offences are indictable triable summarily.[58] They commenced operation on 24 March 1986,[59] replacing a large number of specific endangerment offences.[60]
4.39 Table 7 sets out the elements of the endangerment offences and other possible charges.
Table 7: Elements of the endangerment offences and other possible charges
|
Elements of the endangerment offences |
Other possible charges |
|---|---|
|
• The accused engaged in conduct. • The accused’s conduct was voluntary. • The accused’s conduct placed (or may have placed) a person in danger (that is, conduct that carried with it an appreciable risk) of death (s 22) or serious injury (s 23) (the physical element). • A reasonable person in the position of the accused, engaging in the very conduct in which the accused engaged and in the same circumstances, would have realised that they had placed, or might place, another in danger of death (s 22) or serious injury (s 23) (endangerment, the objective fault element). • The accused acted recklessly in that they foresaw that placing another in danger of death (s 22) or serious injury (s 23) was a probable consequence of their conduct in the surrounding circumstances, but went ahead and engaged in the conduct (recklessness, the subjective fault element). • The accused acted without lawful excuse. |
• the injury offences • the setting traps offences. |
4.40 We discuss the complexities of the endangerment offences in Chapter 8.
Setting traps
4.41 Section 25 of the Crimes Act creates the offence of intentionally or recklessly setting a trap or device to kill. This offence is indictable only. It cannot be heard in the summary jurisdiction.
4.42 Section 26 of the Crimes Act creates the offence of intentionally or recklessly setting a trap or device to cause serious injury. It is indictable triable summarily.[61]
4.43 The section 25 and 26 offences commenced operation on 24 March 1986.[62] They modernised an old offence that criminalised the setting or placing of ‘any spring-gun man-trap or other engine calculated to destroy human life or inflict grievous bodily harm on any person’,[63] which dealt with the practices of 18th century English landowners.[64]
4.44 There are very few cases of these offences in practice.[65]
4.45 Table 8 sets out the elements of the setting traps offences and other possible charges.
Table 8: Elements of the setting traps offences and other possible charges
|
Elements of the setting traps offences |
Other possible charges |
|---|---|
|
• The accused set a trap or device. • The accused acted with the intention of killing (s 25) or seriously injuring (s 26) another person or being reckless as to whether or not another person was killed or seriously injured. |
• the injury offences • the endangerment offences • assault offences. |
Assaults
4.46 Section 31 of the Crimes Act creates five distinct assault offences:
1) Assault or threat to assault with intent to commit an indictable offence.[66]
2) Assault or threat to assault an emergency worker, youth justice custodial worker or custodial officer on duty, or a person lawfully assisting those workers.[67]
3) Resist an emergency worker, youth justice custodial worker or custodial officer on duty, or a person lawfully assisting those workers.[68]
4) Obstruct an emergency worker, youth justice custodial worker or custodial officer on duty, or a person lawfully assisting those workers.[69]
5) Assault or threat to assault a person with intent to resist or prevent arrest.[70]
4.47 All of the section 31 assault offences are indictable triable summarily.[71]
4.48 Before 2 November 2014, the assault offences created by section 31(1)(b) only covered police and protective services officers. The offences were expanded to encompass emergency workers including ambulance workers, hospital staff, fire emergency service members and others engaged to perform work in emergencies.[72] The offences were further expanded from 3 October 2016 to include assaults to custodial officers,[73] and from 5 April 2018 to include youth justice custodial workers.[74]
4.49 The following definitions apply to the section 31 offences:
• ‘Assault’ means the direct or indirect application of force to the body of, or to the clothing or equipment worn by, another person with intent to inflict, or being reckless as to the infliction of, bodily injury, pain, discomfort, damage, insult or deprivation of liberty. The assault must also result in the infliction of one of these consequences, although not necessarily the one intended or foreseen, and be done without lawful excuse.[75]
• ‘Application of force’ includes the application of heat, light, electric current or any other form of energy, as well as the application of matter in solid, liquid or gaseous form.[76]
• ‘Emergency worker’, ‘youth justice custodial worker’, ‘custodial officer’ and ‘on duty’ are defined in section 10AA of the Sentencing Act.
4.50 Table 9 sets out the elements of the section 31 assault offences and other possible charges.
Table 9: Elements of the section 31 assault offences and other possible charges
|
Elements of the section 31 assault offences |
Other possible charges |
|---|---|
|
Section 31(1)(a) assault/threat to assault with intent to commit an indictable offence • The accused applied or threatened to apply force to the victim’s body. • The accused intended to injure, inflict pain, cause discomfort, cause damage, cause insult or deprive the victim of liberty, or was reckless as to that outcome. • The accused’s actions resulted in the victim being injured, caused pain, discomfort or damage, insulted or deprived of liberty. • The accused’s actions were done with intent to commit an indictable offence. • The accused acted without lawful excuse. Section 31(1)(b), (ba) assault/threat to assault workers on duty or persons lawfully assisting • The victim was an emergency worker, youth justice custodial worker or custodial officer on duty (s 31(1)(b)) or a person lawfully assisting those workers (s 31(1)(ba)). • The accused knew or was reckless as to whether the victim was an emergency worker, youth justice custodial worker or custodial officer on duty. • The accused applied or threatened to apply force to the victim’s body. • The accused intended to injure, inflict pain, cause discomfort, cause damage, cause insult or deprive the victim of liberty, or was reckless as to that outcome. • The accused’s actions resulted in the victim being injured, caused pain, discomfort or damage, insulted or deprived of liberty. • The accused acted without lawful excuse. |
• the injury offences • the threat offences • the endangerment offences • other assault offences. |
|
Section 31(1)(b), (ba) resist/obstruct workers on duty or persons lawfully assisting • The victim was an emergency worker, youth justice custodial worker or custodial officer on duty (s 31(1)(b)) or a person lawfully assisting those workers (s 31(1)(ba)). • The accused knew or was reckless as to whether the victim was an emergency worker, youth justice custodial worker or custodial officer on duty. • The accused intentionally resisted or obstructed the victim. • The accused acted without lawful excuse. Section 31(1)(c) assault/threat to assault with intent to resist or prevent arrest • The accused applied or threatened to apply force to the victim’s body. • The accused intended to injure, inflict pain, cause discomfort, cause damage, cause insult or deprive the victim of liberty, or was reckless as to that outcome. • The accused’s actions resulted in the victim being injured, caused pain, discomfort or damage, insulted or deprived of liberty. • The accused’s actions were done with intent to resist or prevent their lawful arrest. • The accused acted without lawful excuse. |
Discharging a firearm reckless to safety of police/PSO
4.51 Section 31C of the Crimes Act creates the offence of discharging a firearm reckless as to the safety of a police officer or a protective services officer (PSO). It does not apply to certain authorised officers acting in the course of their duties.[77]
4.52 The section 31C offence is indictable only. It cannot be heard in the summary jurisdiction.
4.53 The section 31C offence is relatively new.[78] There has been one appeal concerning this offence.[79] The Court of Appeal quashed the convictions on the section 31C charges and instead the accused was convicted of the alternative charge of discharging a weapon at a vehicle.[80]
4.54 Table 10 sets out the elements of the section 31C offence and other possible charges.
Table 10: Elements of the section 31C offence and other possible charges
|
Elements of the section 31C offence |
Other possible charges |
|---|---|
|
• The accused discharged a firearm. • The accused was reckless as to the safety of the victim due to the discharge of the firearm. • The victim was a police officer or PSO on duty. • The accused knew or was reckless as to whether the victim was a police officer or PSO. |
• discharging a firearm at a premises or vehicle[81] or other firearm offences[82] • using a firearm to resist arrest[83] • use of a firearm in the commission of an offence[84] • being armed with criminal intent[85] • the injury offences • the endangerment offences • assault offences.[86] |
Penalties
4.55 The Sentencing Act has been the subject of various amendments in recent years. This means that penalties and sentencing schemes in Victoria can be difficult to navigate.
4.56 The current maximum penalties for all of the offences against the person are set out in Chapter 2 (see Figure 3). Since the introduction of the modern offences against the person in 1985 (see Chapter 3), there have been successive changes to penalties, including to some offences against the person that include a recklessness element (see Table 11).
Table 11: Changes to maximum penalties for offences against the person
|
Offence |
1985[87] |
1992[88] |
1997[89] |
|---|---|---|---|
|
Intentionally causing serious injury (s 16)[90] |
15 |
12.5 |
20 |
|
Recklessly causing serious injury (s 17)[91] |
10 |
10 |
15 |
|
Intentionally causing injury (s 18) |
7 |
7.5[92] |
10 |
|
Recklessly causing injury (s 18) |
5 |
5 |
|
|
Offence to administer certain substances (s 19) |
7 |
5 |
5 |
|
Threats to kill (s 20) |
15 |
5 |
10 |
|
Threat to inflict serious injury (s 21) |
5 |
3 |
5 |
|
Conduct endangering persons (s 23) |
7 |
7.5 |
5 |
|
Setting traps to kill (s 25) |
15 |
12.5 |
15 |
|
Assaults (s 31) |
5 |
3 |
5 |
4.57 For the purposes of sentencing, some offences against the person that include recklessness are classed as:
• Category 1 or Category 2 offences (mandatory and presumptive sentences).[93] Most Category 1 offences will attract a mandatory custodial order.[94] For Category 2 offences, a court must impose a custodial order unless an exception applies.[95]
• Category A or Category B serious youth offences.[96] These offences attract jurisdictional and sentencing presumptions.
4.58 Minimum non-parole periods apply to the gross violence offences.[97] A non-parole period must be at least six months less than the term of the sentence.[98]
4.59 Minimum terms of imprisonment apply to certain offences against on-duty emergency workers, custodial officers, and youth justice custodial workers,[99] unless:
• the offender was charged on a complicity basis (intentionally assisting, encouraging, or directing the commission of the offence),[100] or
• the offender was under the age of 18 at the time of the offence,[101] or
• the court finds a ‘special reason’ exists.[102]
4.60 For the offences against on-duty emergency workers, custodial officers, and youth justice custodial workers, a court may avoid imposing a prison sentence and instead impose a youth justice centre order with the prescribed minimum period if:
• the offender is under the age of 21 at the time of sentencing
• the court does not find a ‘special reason’ exists, and
• the court has received a pre-sentence report and the offender has reasonable prospects of rehabilitation or is particularly impressionable, immature or likely to be subjected to undesirable influences in an adult prison.[103]
4.61 The ‘special reasons’[104] relevant to imposing minimum periods are:
• the offender has assisted or has given an undertaking to assist law enforcement authorities in an investigation or prosecution,
• the offender proves on the balance of probabilities that at the time of the offence they had impaired mental functioning (not substantially caused by self-induced intoxication)[105] ‘causally linked to the commission of the offence’ that ‘substantially and materially reduces [their] culpability’, or they have impaired mental functioning that would result in ‘being subject to substantially, and materially greater than the ordinary burden or risks of imprisonment,
• the court proposes to make a court secure treatment order or a residential treatment order, or
• ‘there are substantial and compelling circumstances that are exceptional and rare’[106] and that justify not imposing the statutory minimum.
4.62 The ‘special reasons’ provisions:
provide the courts with scope in limited circumstances to consider factors that either substantially reduce the offender’s moral culpability or provide a strong public policy reason for imposing a lesser sentence than the statutory minimum.[107]
4.63 For the section 17 and 18 Crimes Act injury offences, if a court finds a special reason exists the court can impose a custodial order or make a therapeutic order.[108]
4.64 There is a recklessness element in the application of the minimum periods to some offences against the person.[109] A court must be satisfied beyond reasonable doubt that the victim was an emergency worker, custodial officer or youth justice custodial worker on duty and at the time of carrying out the conduct the offender knew or was reckless as to whether the victim was an emergency worker, custodial officer or youth justice custodial worker.[110]
4.65 Table 12 sets out:
• the penalties for offences against the person that include recklessness, from highest to lowest, indicating their relative seriousness
• the sentencing schemes applicable to each of the offences.[111]
Table 12: Offences against the person that include recklessness: table of penalties
|
Offence |
Maximum penalty (term of imprisonment in years) |
Category 1 or 2 offence or Category A or B serious youth offence |
Statutory minimums (unless an exception exists) |
|---|---|---|---|
|
Section 15A Intentionally causing serious injury in circumstances of gross violence |
20 |
Category 1 offence.[112] Category A serious youth offence.[113] Jurisdictional presumption: should be heard in the higher courts if the offender is aged 16 or over.[114] Sentencing presumption: adult imprisonment unless exceptional circumstances exist. |
4 years non-parole period.[115] If committed against an emergency worker, custodial officer, or youth justice custodial worker on duty: 5 years non-parole period.[116] |
|
Section 15B Recklessly causing serious injury in circumstances of gross violence |
15 |
Category 1 offence.[117] Category B serious youth offence.[118] Jurisdictional presumption: court must consider whether offence should not be heard and determined summarily.[119] Sentencing presumption: adult imprisonment if young offender has previously been convicted of another Category A or B serious youth offence, unless exceptional circumstances exist. |
4 years non-parole period.[120] If committed against an emergency worker, custodial officer, or youth justice custodial worker on duty: 5 years non-parole period.[121] |
|
Section 17 Recklessly causing serious injury |
15 |
Category 1 offence if committed against an emergency/custodial/youth justice worker on duty.[122] |
If committed against an emergency worker, custodial officer, or youth justice custodial worker on duty: 2 years non-parole period.[123] 2 years youth justice centre detention for a young offender in certain circumstances.[124] |
|
Section 25 Setting trap to kill |
15 |
– |
– |
|
Section 31C Discharging a firearm reckless to safety of police officer/PSO |
15 |
Category 2 offence if committed in circumstances where the offender’s conduct created a risk to the physical safety of the victim or to any member of the public.[125] |
If committed in circumstances where the offender’s conduct created a risk to the physical safety of the victim or to any member of the public, presumption of cumulative sentencing.[126] |
|
Section 18 Intentionally causing injury |
10 |
Category 1 offence if committed against an emergency/custodial/youth justice worker on duty.[127] |
If committed against an emergency worker, custodial officer, or youth justice custodial worker on duty: 6 months imprisonment.[128] 6 months youth justice centre detention for a young offender in certain circumstances.[129] |
|
Section 20 Threats to kill |
10 |
– |
– |
|
Section 22 Conduct endangering life |
10 |
– |
– |
|
Section 26 Setting trap to cause serious injury |
10 |
– |
– |
|
Section 18 Recklessly causing injury |
5 |
Category 1 offence if committed against an emergency/custodial/youth justice worker on duty.[130] |
If committed against an emergency worker, custodial officer, or youth justice custodial worker on duty: 6 months imprisonment.[131] 6 months youth justice centre detention for a young offender in certain circumstances.[132] |
|
Section 19 Offence to administer certain substances |
5 |
– |
– |
|
Section 21 Threats to inflict serious injury |
5 |
– |
– |
|
Section 23 Conduct endangering persons |
5 |
– |
– |
|
Section 31 Assaults |
5 |
– |
– |
Offence prevalence
4.66 This section discusses the prevalence of some offences against the person, including the number of police charges for each offence, the number of charges resulting in a sentence, and the court jurisdictions where matters are determined.
4.67 We considered charge data for a range of offences against the person. See Appendix F for figures showing the number of charges by offence. Over five years to March 2023, there was an average (a year) of:
• 43 charges of recklessly causing serious injury in circumstances of gross violence
• 412 recklessly causing serious injury charges
• 7027 recklessly causing injury charges
• 1201 reckless conduct endangering life charges
• 2168 reckless conduct endangering persons charges.
4.68 There was also an average (a year) of:
• 71 charges of intentionally causing serious injury in circumstances of gross violence
• 235 intentionally causing serious injury charges
• 3118 intentionally causing injury charges.
4.69 The number of charges for serious injury offences has significantly declined. Victoria Police said that the decline in recorded offences and charges coincided with legislative changes to the definition of ‘serious injury’ and the introduction of gross violence offences, although a specific causal relationship could not be established. Victoria Police told us that the downward trend might also be attributed to the introduction of offences (including offences against emergency workers, affray and violent disorder), incidents fulfilling the elements of assault, and process improvements to reporting and recording data under specific offence codes.[133]
Sentencing outcomes
4.70 The number of people sentenced for serious injury offences has significantly declined over the last 10 years, likely due in part to the decline in offences recorded and charged by police. The revised definition of ‘serious injury’ introduced in 2013 has likely had an impact on the number of people charged and sentenced for serious injury offences (see Chapter 8 for discussion). We also note the impact of the coronavirus (COVID-19) pandemic from 2020.[134] See Appendix F for detailed data about sentencing by offence.
4.71 While the number of people sentenced has significantly decreased for serious injury offences, the length of prison sentences over time has increased. Over 20 years, the average charge-level prison sentences have increased by 84 per cent for intentionally causing serious injury, 59 per cent for recklessly causing serious injury and 131 per cent for intentionally causing injury.[135]
4.72 Over five years to 30 June 2021:[136]
• An average of about five charges a year of intentionally causing serious injury (gross violence) were sentenced in the higher courts. The shortest prison sentence was four years, the longest was 14 years, and the median was seven years.[137] The most common sentence was imprisonment (91 per cent). There was an average of about two charges a year of recklessly causing serious injury (gross violence) sentenced in the higher courts.[138]
• An average of 27 charges a year of intentionally causing serious injury were sentenced in the higher courts. The most common sentence was imprisonment (94 per cent). The shortest prison sentence was one year, the longest was 13.75 years, and the median was five years.[139]
• An average of 45 charges a year of recklessly causing serious injury were sentenced in the higher courts, and 59 a year in the Magistrates’ Court. In the higher courts, the shortest imprisonment length was 1.3 months, the longest was 10 years, and the median was three years and nine months. The most common sentence was imprisonment (88 per cent higher courts[140], 50 per cent[141] Magistrates’ Court).
• An average of 144 charges a year of intentionally causing injury were sentenced in the higher courts, and 575 a year in the Magistrates’ Court. In the higher courts the shortest prison sentence was less than one month, the longest was six years, and the median was 1.5 years. The most common sentence was imprisonment (86 per cent higher courts[142], 58 per cent[143] Magistrates’ Court).
• An average of 97 charges a year of recklessly causing injury were sentenced in the higher courts, and 2296 a year in the Magistrates’ Court. In the higher courts the shortest imprisonment length was less than one month, and the longest six years, with a median sentence of one year. The most common sentence was imprisonment (76 per cent higher courts[144], 41 per cent[145] Magistrates’ Court).
• An average of 39 charges a year of reckless conduct endangering life were sentenced in the higher courts, and 152 a year in the Magistrates’ Court. In the higher courts the shortest prison sentence was one month, the longest was six years, and the median was three years. The most common sentence was imprisonment (93 per cent higher courts[146], 69 per cent[147] Magistrates’ Court).
• An average of 47 charges a year of reckless conduct endangering persons were sentenced in the higher courts, and 588 a year in the Magistrates’ Court. In the higher courts the shortest prison sentence was less than one month, the longest was four years, and the median was 1.08 years. The most common sentence was imprisonment (87 per cent higher courts[148], 56 per cent[149] Magistrates’ Court).
4.73 A range of other offences including other categories of assault (Appendix C) are finalised each year. The data for other assault offences indicate that they are more commonly determined in the lower courts. For example, over five years to June 2021, an average of 146 charges a year of common law assault were sentenced in the higher courts, and 181 a year in the Magistrates’ Court. The most common sentence for common law assault was imprisonment (74 per cent in the higher courts,[150] 54 per cent in the Magistrates’ Court). [151]
-
Crimes Act 1958 (Vic) ss 15A, 15B, 17, 18, 19, 20, 21, 22, 23, 25, 26, 31 and 31C.
-
During the coronavirus (COVID-19) pandemic provisions were inserted into the Criminal Procedure Act 2009 (Vic) to temporarily provide for some criminal trials to be determined by a judge alone, without a jury. Criminal trial by judge alone was available in Victoria for two periods during the pandemic: see, respectively, s 32 of the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic), which commenced on 21 October 2020 and was repealed on 21 April 2021; and s 3 of the Justice Legislation Amendment (Trial by Judge Alone and Other Matters) Act 2022 (Vic), which commenced on 30 March 2022 and was repealed on 30 March 2023.
-
An indictable offence may be heard and determined summarily (that is, in the Magistrates’ Court) if the accused consents, and the court considers it appropriate in the circumstances (considering the seriousness of the offence, the adequacy of available sentences, whether there is a co-accused and any other relevant matters): Criminal Procedure Act 2009 (Vic) s 29(1).
-
Sentencing Act 1991 (Vic) ss 113, 113B.
-
Crimes Act 1958 (Vic) s 15. ‘Harm to mental health’ is defined as including psychological harm but does not include an emotional reaction such as distress, grief, fear or anger unless it results in psychological harm. ‘Physical injury’ is defined as including unconsciousness, disfigurement, substantial pain, infection with a disease, and an impairment of a bodily function.
-
Ibid.
-
Introduced by the Crimes Amendment (Gross Violence Offences) Act 2013 (Vic).
-
Victoria, Parliamentary Debates, Legislative Assembly, 13 December 2012, 5550 (Mr Clark, Attorney-General).
-
Ibid 5549–50.
-
Section 16 causing injury intentionally is a statutory alternative to the section 15A offence: Crimes Act 1958 (Vic) s 422(1). Section 17 causing injury recklessly is a statutory alternative to the section 15B offence: Ibid s 422(2). Other possible injury offence alternatives: Ibid ss 18, 24.
-
Crimes Act 1958 (Vic) s 195I.
-
Ibid s 195H.
-
Ibid ss 15A(2), 15B(2).
-
Victoria, Parliamentary Debates, Legislative Assembly, 13 December 2012, 5551–2 (Mr Clark, Attorney-General).
-
Ibid 5551.
-
Ibid 5552.
-
Ibid 5551.
-
Crimes Act 1958 (Vic) s 15C.
-
Victoria, Parliamentary Debates, Legislative Assembly, 13 December 2012, 5552 (Mr Clark, Attorney-General).
-
Ibid.
-
Ibid.
-
Ibid.
-
Ibid.
-
Criminal Procedure Act 2009 (Vic) s 28(1)(a) and (b)(ii).
-
Ibid sch 2 cl 4.1, 4.1A; Sentencing Act 1991 (Vic) s 10AA.
-
Sections 17 and 18 were inserted into the Crimes Act 1958 (Vic) by the Crimes (Amendment) Act 1985 (Vic).
-
Victoria, Parliamentary Debates, Legislative Assembly, 22 October 1985, 1040 (Mr Mathews, Minister for Police and Emergency Services).
-
Ibid.
-
The penalty scale sets the maximum penalty for many offences. The penalty scale for imprisonment has nine levels, ranging from Level 9 (six months imprisonment) to Level 1 (life imprisonment): Sentencing Act 1991 (Vic) s 109.
-
R v Hassett [1994] Vic SC 765; (1994) 76 A Crim R 19.
-
Sentencing and Other Acts (Amendment) Act 1997 (Vic).
-
Crimes Act 1958 (Vic) s 195H.
-
Criminal Procedure Act 2009 (Vic) s 28(1)(b)(ii).
-
Section 19 was inserted into the Crimes Act 1958 (Vic) by the Crimes (Amendment) Act 1985 (Vic).
-
Victoria, Parliamentary Debates, Legislative Assembly, 22 October 1985, 1040 (Mr Mathews, Minister for Police and Emergency Services).
-
See, eg, R v Cherry (No 2) [2006] VSCA 271; R v SH [2006] VSCA 83; R v Barnes [2003] VSCA 156. The Sentencing Advisory Council’s sentencing statistics database, SACStat, does not have data on this offence due to the small number of cases prosecuted.
-
Crimes Act 1958 (Vic) s 46.
-
Summary Offences Act 1966 (Vic) s 41H.
-
Drugs, Poisons and Controlled Substances Act 1981 (Vic) s 74.
-
Drugs, Poisons and Controlled Substances Act 1981 (Vic).
-
Crimes Act 1958 (Vic) s 19(2)(a).
-
Ibid s 19(2)(b).
-
Criminal Procedure Act 2009 (Vic) s 28(1)(b)(ii).
-
Sections 20 and 21 were inserted into the Crimes Act 1958 (Vic) by the Crimes (Amendment) Act 1985 (Vic).
-
Crimes Act 1958 (Vic) s 87.
-
Ibid s 317A.
-
Ibid ss 27 and 28.
-
Ibid s 30.
-
Ibid s 31D.
-
Ibid s 43.
-
Ibid s 247.
-
Ibid s 198.
-
Ibid s 195H.
-
Summary Offences Act 1966 (Vic) s 41DB.
-
Ibid s 17.
-
R v Liszczak & Phillips [2017] VSC 103, [4] n 7 (Croucher J) (emphasis in original).
-
Jones v The King [2023] VSCA 167, [30]; (2023) 105 MVR 93, 100 [30] (Priest and Macaulay JJA).
-
Criminal Procedure Act 2009 (Vic) s 28(1)(b)(ii).
-
Sections 22 and 23 were inserted into the Crimes Act 1958 (Vic) by the Crimes (Amendment) Act 1985 (Vic).
-
Victoria, Parliamentary Debates, Legislative Assembly, 22 October 1985, 1041 (Mr Mathews, Minister for Police and Emergency Services).
-
Criminal Procedure Act 2009 (Vic) s 28(1)(b)(ii).
-
Sections 25 and 26 were inserted into the Crimes Act 1958 (Vic) by the Crimes (Amendment) Act 1985 (Vic).
-
Crimes Act 1958 (Vic) s 32 (the original Act).
-
Victoria, Parliamentary Debates, Legislative Assembly, 22 October 1985, 1041 (Mr Mathews, Minister for Police and Emergency Services). The old offence contained an exception for traps set with the intent of destroying vermin or set from sunset to sunrise in a house for protection. Sections 25 and 26 omit these exceptions.
-
The Sentencing Advisory Council’s sentencing statistics database, SACStat, does not have data on these offences due to the small number of cases prosecuted.
-
Crimes Act 1958 (Vic) s 31(1)(a).
-
Ibid s 31(1)(b) and (ba).
-
Ibid.
-
Ibid.
-
Ibid s 31(1)(c).
-
Criminal Procedure Act 2009 (Vic) s 28(1)(b)(ii).
-
Sentencing Amendment (Emergency Workers) Act 2014 (Vic).
-
Crimes Legislation Amendment Act 2016 (Vic).
-
Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017 (Vic) Part 8.
-
Crimes Act 1958 (Vic) s 31(2).
-
Ibid s 31(3).
-
Police or protective service officers, senior IBAC officers, prison guards, people authorised to use a firearm under licence in the course of their duties under specific environmental protection legislation: Crimes Act 1958 (Vic) s 31C(3).
-
Introduced by the Justice Legislation Amendment (Police and Other Matters) Act 2019 (Vic). It commenced operation on 5 June 2019.
-
Diab v The King [2023] VSCA 107.
-
Ibid [93] (Beach JA and Kaye JA, Niall JA dissenting at [95]–[115]); Firearms Act 1996 (Vic) s 131A(1).
-
Firearms Act 1996 (Vic) s 131A.
-
Ibid Part 2, Divison 1 and Part 7.0
-
Crimes Act 1958 (Vic) s 29.
-
Ibid s 31A.
-
Ibid s 31B(2).
-
If the victim of a common law assault is a police officer or PSO on duty and the offender knows or is reckless as to that fact, and has with them a weapon, the maximum penalty increases to 10 years’ imprisonment (offensive weapon) and 15 years’ imprisonment (firearm or imitation firearm) respectively: Crimes Act 1958 (Vic) s 320A.
-
Crimes (Amendment) Act 1985 (Vic), as made.
-
Sentencing Act 1991 (Vic), as made.
-
Sentencing and Other Acts (Amendment) Act 1997 (Vic), as made.
-
The offence of intentionally causing serious injury in circumstances of gross violence was introduced in 2013. The maximum penalty is the same as intentionally causing serious injury (20 years’ imprisonment), but a statutory minimum four-year non-parole period also applies to adult offenders unless an exception exists (five years if committed against an emergency services worker or custodial officer): Sentencing Act 1991 (Vic) ss 10, 10AA.
-
Ibid: The offence of recklessly causing serious injury in circumstances of gross violence was introduced in 2013. The maximum penalty is the same as recklessly causing serious injury (15 years imprisonment), but a statutory minimum four-year non-parole period also applies to adult offenders unless an exception exists (five years if committed against an emergency services worker or custodial officer).
-
The Sentencing Act 1991 (Vic) introduced different maximum sentences for the s 18 Crimes Act offence, depending on whether the injury was inflicted intentionally or recklessly. This created two offences where previously there had only been one:
R v Hassett [1994] Vic SC 765. -
Sentencing Act 1991 (Vic) s 3(1) (definitions of ‘category 1 offence’ and ‘category 2 offence’).
-
Ibid s 5(2G). Custodial orders are set out in Part 3, Division 2 of the Sentencing Act and include imprisonment, drug treatment orders and youth justice centre orders. Section 5(2G) prohibits courts from imposing a combined order of a term of imprisonment and a community correction order for category 1 offences.
-
Ibid s 5(2H). The section 5(2H) exceptions replicate the ‘special reasons’ for not imposing a mandatory minimum sentence as set out in section 10A of the Sentencing Act.
-
Ibid s 3(1) (definitions of ‘Category A serious youth offence’ and ‘Category B serious youth offence’).
-
Ibid s 10(1).
-
Ibid s 11(3).
-
Ibid s 10AA(1).
-
Ibid ss 10(2)(a), 10AA(6)(a); Crimes Act 1958 (Vic) s 323(1)(a) and (b). For certain offences against on-duty emergency workers, custodial officers and youth justice custodial workers the offender must prove on the balance of probabilities that their involvement was minor in order to avoid the imposition of a mandatory sentence: Sentencing Act 1991 (Vic) s 10AA(6)(a).
-
Sentencing Act 1991 (Vic) ss 10(2)(b), 10AA(6)(b).
-
Ibid ss 10(1), 10AA(1).
-
Ibid ss 3 (definition of ‘young offender’), 10AA(2)-(3).
-
Ibid s 10A.
-
Ibid ss 10A(1) and (2A).
-
In determining whether there are substantial and compelling circumstances the court must regard general deterrence and denunciation of the offender’s conduct as having greater importance than the other purposes set out in section 5(1), give less weight to the personal circumstances of the offender than to other matters such as the nature and gravity of the offence, and must not have regard to the offender’s previous good character, an early guilty plea, prospects of rehabilitation or parity with other sentences. The Court must also have regard to Parliament’s intention that a sentence of imprisonment with the relevant non-parole period should ordinarily be imposed: Sentencing Act 1991 (Vic) s 10A(2B) and (3).
-
Victoria, Parliamentary Debates, Legislative Assembly, 13 December 2012, 5552 (Mr Clark, Attorney-General).
-
Sentencing Act 1991 (Vic) ss 5(2GA)–(2GC). The therapeutic orders include a mandatory treatment and monitoring order, a Residential Treatment Order, or a Court Secure Treatment Order. A court may only make one of these orders if the offender proves on the balance of probabilities that at the time of the commission of the offence they had impaired mental functioning that is causally linked to the commission of the offence and substantially and materially reduces their culpability, the impaired mental functioning was not caused substantially by self-induced intoxication, the court has received and considered a psychiatric or psychological report addressing these matters, and the court considers a therapeutic order is appropriate. These reasons replicate the ‘special reasons’ for not imposing a mandatory minimum sentence as set out in section 10A of the Sentencing Act.
-
Ibid s 9C(3)(d): Although outside our terms of reference, we also note that one of the circumstances a court must be satisfied about beyond reasonable doubt before imposing a minimum non-parole period of 10 years for manslaughter by single punch or strike is that the offender ‘knew that the victim was not expecting, or was probably not expecting, to be punched or struck by the offender’.
-
Ibid s 10AA(5).
-
The applicability of the serious offender provisions have not been included in this table.
-
Sentencing Act 1991 (Vic) ss 3(1) (definition of ’category 1 offence’) and 5(2G).
-
Ibid s 3(1) (definition of ’Category A serious youth offence’).
-
The charge must be heard and determined in the higher courts unless the child or the prosecution requests that the charge be heard and determined summarily, and the Children’s Court is satisfied that the sentencing options available to it under the Children, Youth and Families Act 2005 (Vic) are adequate to respond to the child’s offending, and it is in the interests of the victim or victims that the charge be heard and determined summarily or the accused is particularly vulnerable because of cognitive impairment or mental illness or there is a substantial and compelling reason why the charge should be heard and determined summarily. In determining whether there is a substantial and compelling reason why the charge should be heard and determined summarily, the Children’s Court must have regard to Parliament’s intention that a charge for a Category A serious youth offence should not normally be heard and determined summarily.
-
Sentencing Act 1991 (Vic) s 10.
-
Ibid s 10AA(1).
-
Ibid ss 3(1) (definition of ’category 1 offence’) and 5(2G).
-
Ibid s 3(1) (definition of ’Category B serious youth offence’).
-
Charge must be heard and determined summarily unless the child objects or the court considers that the charge is unsuitable, by reason of exceptional circumstances, to be determined summarily: Children, Youth and Families Act 2005 (Vic) s 356(3).
-
Sentencing Act 1991 (Vic) s 10.
-
Ibid s 10AA(1).
-
Ibid ss 3(1) (definition of ’category 1 offence’), 5(2G) and (2GA).
-
Ibid s 10AA(1).
-
Ibid s 10AA(2) and (3).
-
Ibid ss 3 (definition of ’category 2 offence’) and 5(2H).
-
Ibid s 16(3E).
-
Ibid ss 3 (definition of ’category 1 offence’), 5(2G) and (2GA).
-
Ibid s 10AA(4).
-
Ibid s 10AA(2) and (3).
-
Ibid ss 3 (definition of ’category 1 offence’), 5(2G) and (2GA).
-
Ibid s 10AA(4).
-
Ibid s 10AA(2) and (3).
-
Response to further consultation question on downward trend in recorded offences and operational practices—Victoria Police response (14 June 2023); Consultation 10 (Victoria Police).
-
Alannah Burgess et al, Police-Recorded Crime Trends in Victoria during the COVID-19 Pandemic: Update to End of December 2020 (In Brief No 12, Crime Statistics Agency, March 2021) 22–3. The pandemic and resulting restrictions impacted crime types differently, including a decrease in non-family violence related serious assaults and an increase in family violence incidents.
-
Paul McGorrery and Zsombor Bathy, Long-Term Sentencing Trends in Victoria (Report, 2022) 10. These measurements incorporate data from 2001–02 to 2020–21 for intentionally causing serious injury and recklessly causing serious injury, and data from 2006–07 to 2020–21 for intentionally causing injury: at 10 n 26. The charge-level sentence is the sentence imposed on a single count of an offence within a case: at 1 n 5.
-
Data on charges sentenced provided by the Sentencing Advisory Council, 15 September 2023.
-
Meaning that half of the prison sentences were below seven years and half were above. Sentencing Advisory Council (Vic), ‘Higher courts offences’, SACStat Sentencing Advisory Council Statistics (Web Page, 5 July 2022) <https://www.sentencingcouncil.vic.gov.au/sacstat/browse-offences.html>.
-
Sentencing Advisory Council (Vic), ‘Higher courts offences’, SACStat Sentencing Advisory Council Statistics (Web Page, 5 July 2022) <https://www.sentencingcouncil.vic.gov.au/sacstat/browse-offences.html>.
-
Ibid.
-
Ibid.
-
Sentencing Advisory Council (Vic), ‘Magistrates’ court offences’, SACStat Sentencing Advisory Council Statistics (Web Page, 24 May 2022) <https://www.sentencingcouncil.vic.gov.au/sacstat/browse-offences.html>.
-
Sentencing Advisory Council (Vic), ‘Higher courts offences’, SACStat Sentencing Advisory Council Statistics (Web Page, 5 July 2022) <https://www.sentencingcouncil.vic.gov.au/sacstat/browse-offences.html>.
-
Sentencing Advisory Council (Vic), ‘Magistrates’ court offences’, SACStat Sentencing Advisory Council Statistics (Web Page, 24 May 2022) <https://www.sentencingcouncil.vic.gov.au/sacstat/browse-offences.html>.
-
Sentencing Advisory Council (Vic), ‘Higher courts offences’, SACStat Sentencing Advisory Council Statistics (Web Page, 5 July 2022) <https://www.sentencingcouncil.vic.gov.au/sacstat/browse-offences.html>.
-
Sentencing Advisory Council (Vic), ‘Magistrates’ court offences’, SACStat Sentencing Advisory Council Statistics (Web Page, 24 May 2022) <https://www.sentencingcouncil.vic.gov.au/sacstat/browse-offences.html>.
-
Sentencing Advisory Council (Vic), ‘Higher courts offences’, SACStat Sentencing Advisory Council Statistics (Web Page, 5 July 2022) <https://www.sentencingcouncil.vic.gov.au/sacstat/browse-offences.html>.
-
Sentencing Advisory Council (Vic), ‘Magistrates’ court offences’, SACStat Sentencing Advisory Council Statistics (Web Page, 24 May 2022) <https://www.sentencingcouncil.vic.gov.au/sacstat/browse-offences.html>.
-
Sentencing Advisory Council (Vic), ‘Higher courts offences’, SACStat Sentencing Advisory Council Statistics (Web Page, 5 July 2022) <https://www.sentencingcouncil.vic.gov.au/sacstat/browse-offences.html>.
-
Sentencing Advisory Council (Vic), ‘Magistrates’ court offences’, SACStat Sentencing Advisory Council Statistics (Web Page, 24 May 2022) <https://www.sentencingcouncil.vic.gov.au/sacstat/browse-offences.html>.
-
Sentencing Advisory Council (Vic), ‘Higher courts offences’, SACStat Sentencing Advisory Council Statistics (Web Page, 5 July 2022) <https://www.sentencingcouncil.vic.gov.au/sacstat/browse-offences.html>.
-
Sentencing Advisory Council (Vic), ‘Magistrates’ court offences’, SACStat Sentencing Advisory Council Statistics (Web Page, 24 May 2022) <https://www.sentencingcouncil.vic.gov.au/sacstat/browse-offences.html>.