Mandatory and Presumptive Sentencing
Category 1 and category 2 offences are serious offences defined in legislation. When sentencing these offences, courts are required to:
- impose a mandatory sentence of adult imprisonment or juvenile detention or
- at least make a sentence of imprisonment or detention the presumptive (default) sentence.
The number of category 1 and 2 offences isn’t fixed. New or existing offences may also be classed as category 1 or 2 offences.
Category 1 Offences
For category 1 offences, courts must impose a prison sentence if the offender was aged 18 or over when they committed the offence. An exception only applies in a narrow set of circumstances.
The following offences are classed as category 1 offences if they were committed on or after 20 March 2017:
- murder
- intentionally causing serious injury in circumstances of gross violence
- recklessly causing serious injury in circumstances of gross violence
- trafficking in a large commercial quantity of a drug of dependence
- cultivating a large commercial quantity of a narcotic plant
- rape
- rape by compelling sexual penetration
- incest with a child, lineal descendant or stepchild (if the victim is under 18)
- sexual penetration of a child aged under 12
- persistent sexual abuse of a child aged under 16.
The following offences are classed as category 1 offences if they were committed on or after 28 October 2018:
- intentionally causing serious injury to an emergency worker, custodial officer or youth justice custodial worker
- recklessly causing serious injury to an emergency worker, custodial officer or youth justice custodial worker
- intentionally or recklessly causing injury to an emergency worker, custodial officer or youth justice custodial worker
- aggravated home invasion
- aggravated carjacking
- intentionally exposing an emergency worker, custodial officer or youth justice custodial worker to risk by driving (where injury caused).
Category 2 Offences
For category 2 offences, courts must impose a prison sentence if the offender was aged 18 or over when they committed the offence. This is unless the offender has impaired mental functioning or has assisted the authorities.
The following offences are classed as category 2 offences if they were committed on or after 20 March 2017:
- manslaughter
- child homicide
- intentionally causing serious injury
- kidnapping
- arson causing death
- trafficking in a commercial quantity of a drug of dependence
- cultivating a commercial quantity of a narcotic plant
- providing documents or information facilitating terrorist acts.
The following offences are classed as category 2 offences if they were committed on or after 28 October 2018:
- intentionally or recklessly 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.
In addition, the offence of homicide by firearm is classed as a category 2 offence if it was committed on or after 1 July 2020.
Further information about category 1 and 2 offences is available in our Guide to Sentencing Schemes in Victoria.
The information on this page (except all logos and any third-party content linked to from this page) is licensed under a Creative Commons Attribution 4.0 International License.
