Standard sentences are numerical guideposts for courts when sentencing 14 serious offences. The standard sentence offences are:
- murder
- murder of an emergency worker or custodial officer
- homicide by firearm
- rape
- culpable driving causing death
- trafficking in a large commercial quantity of a drug of dependence
- eight different sexual offences involving children.
The maximum penalty has long been one guidepost for courts when sentencing. It represents the most serious type of offending for an offence. Introduced in 2018, the standard sentence is intended as another guidepost. It represents the middle of the range of seriousness when just considering the offending and no other factors (such as the offender’s circumstances, prior offending history or guilty plea).
The standard sentence for most of the 14 offences is set at 40% of the maximum penalty. For example, the maximum sentence for rape is 25 years’ imprisonment, making the standard sentence for that offence 10 years’ imprisonment.
Courts are required to consider the standard sentence alongside all other relevant sentencing principles and factors. They must also explain how the sentence imposed relates to the relevant standard sentence.
The standard sentences for the 14 offences are included in our Guide to Sentencing Schemes in Victoria. To find out how those crimes are sentenced when the standard sentence applies, visit SACStat, our online database of sentencing statistics.
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