The maximum penalty for an offence is the most severe sentence that can be imposed for that offence. The offence and its maximum penalty are defined in legislation.
The maximum penalty reflects parliament’s view on the seriousness of an offence. It is reserved for the most serious examples of an offence.
For example, the maximum penalty for armed robbery in Victoria is 25 years’ imprisonment. However, the most common imprisonment length for armed robbery from 2018–19 to 2022–23 was 3 to 4 years.
Jurisdictional Limits in the Magistrates’ Court
There are jurisdictional limits on the available penalties for cases sentenced in the Magistrates’ Court.
The Magistrates’ Court cannot impose a term of imprisonment longer than 5 years for multiple offences, or longer than 2 years for a single offence. The Magistrates’ Court also cannot impose a fine higher than 500 penalty units for individuals ($101,755 in 2025–26) and 2,500 penalty units for corporations ($508,775 in 2025–26).
Penalty Scale
Maximum penalties for many offences are set according to a penalty scale. This is outlined in section 109 of the Sentencing Act 1991 (Vic).
The penalty scale for imprisonment has nine levels, ranging from Level 9 (6 months’ imprisonment) to Level 1 (life imprisonment).
The penalty scale for fines has 12 levels, ranging from Level 12 (one penalty unit) to Level 2 (3,000 penalty units). Fines are not specified for Level 1 offences.
From 1 July 2025 to 30 June 2026, the value of one penalty unit is $203.51 (up from $197.59 in 2024–25). A maximum fine of 3,000 penalty units works out at $610,530 (2025–26).
The penalty scale for imprisonment is given in the table below. The table includes the maximum imprisonment term and maximum fine for each level, along with sample offences.
Table: Penalty scale for imprisonment
| Level | Maximum imprisonment term | Maximum fine | Sample offences |
|---|---|---|---|
| Level 1 | Life imprisonment | Not applicable | Murder Treason |
| Level 2 | 25 years | 3,000 penalty units | Manslaughter Rape Armed robbery Aggravated burglary |
| Level 3 | 20 years | 2,400 penalty units | Intentionally causing serious injury Culpable driving causing death |
| Level 4 | 15 years | 1,800 penalty units | Recklessly causing serious injury Handling stolen goods Arson |
| Level 5 | 10 years | 1,200 penalty units | Threats to kill Sexual assault Theft Stalking Negligently causing serious injury Dangerous driving causing death |
| Level 6 | 5 years | 600 penalty units | Recklessly causing injury Common law assault |
| Level 7 | 2 years | 240 penalty units | Going equipped to steal Sexual exposure |
| Level 8 | 1 year | 120 penalty units | Harassing a witness |
| Level 9 | 6 months | 60 penalty units | Concealing the birth of a child |
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