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.
Category A Serious Youth Offences
Some category A serious youth offences must be heard in the higher courts:
- murder
- attempted murder
- manslaughter
- child homicide
- homicide by firearm
- arson causing death
- culpable driving causing death.
Other category A serious youth offences should normally be heard in the higher courts if the offender is aged 16 or over. These offences include:
- intentionally causing serious injury in circumstances of gross violence
- aggravated home invasion
- aggravated carjacking
- certain Victorian and Commonwealth terrorism offences.
This is unless compelling reasons exist. For example, the court may consider that the sentencing options under the Children, Youth and Families Act 2005 (Vic) are adequate for the offending.
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 instead sentence the young person to adult prison. This is unless the court is satisfied that exceptional circumstances exist.
Category B Serious Youth Offences
Category B serious youth offences include:
- recklessly causing serious injury in circumstances of gross violence
- rape
- rape by compelling sexual penetration
- home invasion
- carjacking.
If an offender aged 16 or over commits a category B serious youth offence, the court must consider whether the case should be heard in the higher courts.
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 exceptional circumstances exist.
Further details about category A and B serious youth offences are included in our Guide to Sentencing Schemes in Victoria.
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