Report on Maximum Penalties for Preparatory Offences Released
The Sentencing Advisory Council has released a report in response to a request from the Attorney-General regarding the appropriate level of maximum penalty for preparatory offences.
Preparatory offences are intended to be used in circumstances where an offender has engaged in conduct which is preparatory to offences such as theft, robbery or burglary but which is insufficient to satisfy the elements of the completed offence or an ‘attempt’ (for example an attempted armed robbery).The the five existing Victorian preparatory offences are:
- being armed with criminal intent
- loitering with intent to commit an indictable offence
- being disguised with unlawful intent
- possessing house-breaking implements
- going equipped to steal.
The Attorney-General requested that the council consider whether there is merit in creating a higher maximum penalty specifically for repeat offenders, or in increasing the maximum penalty more generally for these offences to enable sentencers to impose a higher penalty in the case of repeat offenders.
The council has concluded that the present maximum penalties for preparatory offences adequately serve their intended functions, providing both sufficient scope for sentencing courts to accommodate the worst types of cases and an accurate guide about where these offences fall in the hierarchy of offending seriousness.
The council has therefore recommended against increasing the maximum penalty generally and against creating a higher maximum penalty specifically for repeat offenders charged with the existing preparatory offences.