The Victorian Parliament has set out statutory (mandatory) minimums for a number of serious offences. These offences are listed in our Guide to Sentencing Schemes in Victoria.
There are also a number of federal offences with statutory minimum prison sentences. These are located in sections 16AAA and 16AAB of the Crimes Act 1914 (Cth).
Minimum Imprisonment Terms and Non-Parole Periods
Where a statutory minimum applies, the duration of the sentence or non-parole period must be no shorter than the statutory minimum, unless a special reason exists.
The following table lists offences that are subject to a minimum imprisonment term or a minimum non-parole period.
Table: Offences with statutory minimum prison sentences and non-parole periods in Victoria
| Offence | Minimum prison sentence | Minimum non-parole period |
|---|---|---|
| Manslaughter in circumstances of gross violence | Not specified | 10 years |
| Manslaughter by single punch or strike | Not specified | 10 years |
| Intentionally or recklessly causing serious injury in circumstances of gross violence to an emergency worker or custodial officer | Not specified | 5 years |
| Intentionally or recklessly causing serious injury in circumstances of gross violence | Not specified | 4 years |
| Intentionally causing serious injury to an emergency worker or custodial officer | Not specified | 3 years |
| Aggravated carjacking | Not specified | 3 years |
| Aggravated home invasion | Not specified | 3 years |
| Recklessly causing serious injury to an emergency worker or custodial officer | Not specified | 2 years |
| Intentionally exposing an emergency worker or custodial officer to risk by driving | Not specified | 2 years |
| Intentionally or recklessly contravening a supervision order | 12 months | Not specified |
| Intentionally or recklessly causing injury to an emergency worker or custodial officer | 6 months | Not specified |
Minimum Period of Detention for Young Offenders
Young offenders (aged 18 to 20) are subject to a statutory minimum period of detention in a youth justice centre for a small number of offences. These offences include:
- intentionally causing serious injury to an emergency worker or custodial officer (3 years’ detention)
- recklessly causing serious injury to an emergency worker or custodial officer (2 years’ detention)
- intentionally or recklessly causing injury to an emergency worker or custodial officer (6 months’ detention).
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