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Sentencing Options

The Parliament of Victoria has created a range of sentence types that can be imposed on people who have been convicted of criminal offences in Victoria.  It is up to the judge or magistrate to determine the most appropriate order to give and the length or amount of the order.

Maximum Penalties

The maximum penalty that can be imposed for an offence is determined by Parliament, and can be found in the Act with the particular offence. Most serious offences can be found in the Crimes Act 1958. Some offences are set out in other legislation such as the Drugs, Poisons and Controlled Substances Act 1981 (drug offences) and the Road Safety Act 1986 (driving offences). 

Judges and magistrates have the discretion to impose a sentence less than the maximum penalty.

Following is a list of the maximum prison terms that can be given for some serious offences:

Level 1 – Maximum term – Life

Murder
Treason
Trafficking in a drug of dependence (large commercial quantity)

Level 2 – Maximum term – 25 years

Rape
Sexual penetration of child < 10
Armed Robbery
Aggravated Burglary
Arson causing death

Level 3 – Maximum term – 20 years

Manslaughter
Intentionally causing serious injury
Culpable driving causing death

Level 4 – Maximum term – 15 years

Recklessly causing serious injury
Handling stolen goods
Trafficking in a drug of dependence (not a commercial quantity)
Arson

Level 5 – Maximum term – 10 years

Threats to kill
Indecent assault
Theft
Negligently causing serious injury

Level 6 – Maximum term – 5 years

Recklessly causing injury
Knowingly possess child pornography
Possession of a drug of dependence (traffickable quantity)

Level 7 – Maximum term – 2 years

Going equipped to steal

Level 8 – Maximum term – 1 year

Cultivation of a narcotic plant (not for any purpose related to trafficking)
Possession of a drug of dependence (not for a purpose related to trafficking)