Category A and B serious youth offences are certain serious youth offences defined in legislation. Under the Sentencing Act 1991 (Vic), a young offender is a person aged under 21 at the time of sentencing.
Category A and B serious youth offences can affect:
- the court where the matter is heard
- the type of sentence that the court can impose.
Designated Category A and B Serious Youth Offences
Some category A and B serious youth offences are considered designated offences. There are presumptions about which court should hear cases involving designated offences.
Designated category A serious youth offences are:
- intentionally causing serious injury in circumstances of gross violence
- aggravated home invasion
- aggravated carjacking.
Designated category B serious youth offences are:
- recklessly causing serious injury in circumstances of gross violence
- home invasion.
Designated offences committed by children aged 15 or over must be heard in the higher courts. Designated offences committed by children aged 14 are normally heard in the higher courts as well, unless there are compelling reasons not to.
Non-Designated Category A Serious Youth Offences
A number of category A serious youth offences are not designated offences. Some of these offences must be heard in the higher courts:
- murder
- attempted murder
- manslaughter
- child homicide
- homicide by firearm
- arson causing death
- culpable driving causing death.
The remaining category A serious youth offences should normally be heard in the higher courts if the offender is aged 16 or over, unless there are compelling reasons not to. These remaining offences include certain Victorian and Commonwealth terrorism offences.
The court may consider that a custodial sentence is appropriate when sentencing a young offender (aged under 21) under the Sentencing Act 1991 (Vic) for a category A serious youth offence. When this happens, the court must not make a youth justice centre order or a youth residential centre order (under dual track) and must instead sentence the young person to adult prison. This is unless the court is satisfied that exceptional circumstances exist.
Non-Designated Category B Serious Youth Offences
A number of category B serious youth offences are not designated offences, including:
- carjacking
- rape
- rape by compelling sexual penetration.
Carjacking offences committed by children aged 14 or over should normally be heard in the higher courts, unless there is a compelling reason not to.
The court must consider whether the offence should be heard in the higher courts for children aged 16 or over who are charged with rape or rape by compelling sexual penetration.
The court may consider that a custodial sentence is appropriate when sentencing a young offender (aged under 21) under the Sentencing Act 1991 (Vic) for a category B serious youth offence. When this happens, the court can make a youth justice centre order or a youth residential centre order (under dual track).
However, if the young offender has previously been convicted of another category A or category B serious youth offence, the court must sentence the young person to adult prison. This is unless there are exceptional circumstances that justify sentencing the young person to a youth justice centre order instead.
Further details about category A and B serious youth offences are included in our Guide to Sentencing Schemes in Victoria.
| Category A | Category B | |
|---|---|---|
| Designated | Intentionally causing serious injury in circumstances of gross violence Aggravated home invasion Aggravated carjacking Mandatory uplift for children aged 15 or over Presumptive uplift for children aged 14 Presumptive no uplift for children aged under 14 | Recklessly causing serious injury in circumstances of gross violence Home invasion Mandatory uplift for children aged 15 or over Presumptive uplift for children aged 14 Presumptive no uplift for children aged under 14 |
| Not designated | Murder Attempted murder Manslaughter Child homicide Homicide by firearm Arson causing death Culpable driving causing death Mandatory uplift for children of all ages Terrorism-related offences Uplift varies | Rape Rape by compelling sexual penetration Consider uplift for children aged 16 or over Carjacking Presumptive uplift for children aged 14 or over Presumptive no uplift for children aged under 14 |
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