Saturday 25 May 2013

Maximum penalties for crimes in Victoria

Studying for my criminal law exam in a little over a week. There are various crimes listed in the Crimes Act we have to be aware of. While we don't really have to know the maximum penalties individual crimes can bring about, curiosity got the better of me. I couldn't help but wonder, how long can you go to jail for committing certain crimes here in Victoria today?

I couldn't find a complete list anywhere online of what the maximum penalties for certain crimes were, so I decided to write one up myself and post it here. Each entry has the number and name of the section of the crimes act concerned (though I have paraphrased a few and added the odd description). Also be careful not just to rely on this list. Its not an academic journal or anything, its a blog. Google the actual Crimes Act to look up specific crimes in case I've made any mistakes - http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/

Note also, that even this isn't an exhaustive list of absolutely everything you can go to jail for. There are numerous other acts concerning other areas of the law. Drink driving for instance is covered under the Road Safety Act, while drug crimes (some of which can merit you lengthy sentences, even life imprisonment) are covered by the Drugs, Poisons and Controlled Substances Act, etc.


Level 1 Imprisonment (Life)
(3) Murder
(9A) Treason
(321C) Conspiracy (for murder or treason)
(321I) Incitement (for murder or treason)

Level 2 (25 yrs)
(19A) Intentionally causing a very serious disease
(38) Rape
(38A) Compelling sexual penetration
(44) Incest (with an ancestor or descendant, or a step-child/descendant under 18 yrs of a de facto spouse)
(45) Sexual penetration of a child under the age of 12
(47A) Persistent sexual abuse of a child under the age of 16
(63A) Kidnapping
(75A) Armed Robbery
(77) Aggravated Burglary
(197A) Arson causing death
(247K) Sabotage (act intending to cause major disruption to government functions or public services, or a major economic loss)
(320) Attempt to pervert the course of justice
(320) Kidnapping
(320) Perverting the course of justice


Level 3 (20 yrs)
(5) Manslaughter
(5A) Child Homicide
(9AD) Defensive Homicide
(16) Causing serious injury intentionally
(49A) Facilitating sexual offences against children
(60AC) Aggravated sexual servitude (i.e. victim aged under 18 yrs)
(70A) Piracy with violence
(70B) Piratical acts
(194) Dealing with proceeds of crime (knowing, and intending to conceal, that it is proceeds of a crime)
(318) Culpable driving causing death


Level 4 (15 yrs)
(17) Causing serious injury recklessly
(25) Setting traps etc. to kill
(27) Extortion with threat to kill
(32) Offence to perform female genital mutilation
(33) Offence to take a person from the State with the intention of having prohibited female genital mutilation performed
(45) Sexual penetration of a child under the age of 16 (under the care, supervision or authority of the accused)
(54) Occupier etc. permitting unlawful sexual penetration (child under age of 13)
(60AB) Sexual servitude
(75) Robbery
(80) Unlawfully taking control of an aircraft
(87) Blackmail
(88) Handling stolen goods
(89) Advertising rewards for return of goods stolen or lost
(191) Fraudulently inducing persons to invest money
(194) Dealing with proceeds of crime (knowing that it is proceeds of a crime)
(195A) Dealing with property which subsequently becomes an instrument of crime (intentionally)
(197) Destroying or damaging property (with intention to endanger the life of another)
(197) Arson
(201A) Intentionally or recklessly causing a bushfire
(206) Rioters demolishing buildings (demolish or destroy)
(246A) Endangering safe operation of an aircraft
(246B) Setting fire etc. to aircraft
(247L) Threats to sabotage
(314) Perjury
(317) Offences connected with explosive substances (causing an explosion likely to endanger life or cause serious injury to property)
(320) Conspiracy to cheat and defraud
(320) Conspiracy to defraud
(320) Embracery
(321C) Conspiracy (for an offence with no maximum term prescribed by law)
(321I) Incitement (for an offence with no maximum term prescribed by law)


Level 5 (10 yrs)
(6B) Survivor of suicide pact who kills deceased party
(18) Causing injury intentionally
(20) Threats to kill
(22) Conduct endangering life
(24) Negligently causing serious injury
(26) Setting traps etc. to cause serious injury
(28) Extortion with threat to destroy property etc.
(29) Using firearm to resist arrest etc.
(34B) Offence to interfere with corpse of a human being
(39) Indecent assault
(40) Assault with intent to rape
(45) Sexual penetration of a child under the age of 16
(47) Indecent act with a child under the age of 16
(48) Sexual penetration of 16 or 17 year old child (under the care, supervision or authority of the accused)
(51) Sexual offences against persons with a cognitive impairment by providers of medical or therapeutic services
(52) Sexual offences against persons with a cognitive impairment by workers
(53) Administration of drugs etc.
(54) Occupier etc. permitting unlawful sexual penetration (child under age of 18)
(55) Abduction or detention
(57) Procuring sexual penetration by threats or intimidation
(58) Procuring sexual penetration of a child (aged under 16, or under 18 if under the care, supervision or authority of the accused)
(60AE) Aggravated deceptive recruiting for commercial sexual services (i.e. victim aged under 18 yrs)
(65) Abortion performed by unqualified person
(68) Production of child pornography
(69) Procurement etc. of minor for child pornography
(70AC) Sexual performance involving a minor
(70C) Trading etc. with pirates
(74) Theft
(76) Burglary
(81) Obtaining property by deception
(82) Obtaining financial advantage by deception
(83) False accounting
(83A) Falsification of documents
(85) False statements by company directors etc.
(86) Suppression etc. of documents
(176) Receipt or solicitation of secret commission by an agent an indictable offence
(178) Giving or receiving false or misleading receipt or account an indictable offence
(179) Gift or receipt of secret commission in return for advice given
(180) Secret commission to trustee in return for substituted appointment
(181) Aiding and abetting offences within or outside Victoria
(182) Liability of directors etc. acting without authority
(194) Dealing with proceeds of crime (being reckless as to whether it is proceeds of a crime)
(195A) Dealing with property which subsequently becomes an instrument of crime (recklessly)
(197) Destroying or damaging property
(232) Placing things on railways to obstruct or overturn engine etc.
(244) Altering signals or exhibiting false ones (in a naval context)
(246C) Endangering safety of aircraft
(247C) Unauthorised modification of data to cause impairment (concerning computers)
(247D) Unauthorised impairment of electronic communication (concerning computers)
(249) Contaminating goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss
(250) Threatening to contaminate goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss
(251) Making false statements concerning contamination of goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss
(316) Unlawful oaths to commit treason, murder etc. (specifically treason or murder)
(317) Offences connected with explosive substances (conspires to, intents to, or makes or possesses the means with intention to enable any other person to cause an explosion likely to endanger life or cause serious injury to property)
(319) Dangerous driving causing death or serious injury (death)
(319B) Failure to control dangerous, menacing or restricted breed dog that kills person
(320) Bribery of public official
(320) Criminal defamation
(320) False Imprisonment
(320) Misconduct in public office
(320) Riot
(479A) Rescuing of prisoner from lawful custody (or attempts to rescue)


Level 6 (5 yrs)
(6) Infanticide
(6B) Inciting, aiding or abetting someone else to commit suicide
(18) Causing injury recklessly
(19) Offence to administer certain substances
(21) Threats to inflict serious injury
(21A) Stalking
(23) Conduct endangering persons
(30) Threatening injury to prevent arrest
(31) Assault
(31A) Use of firearms in the commission of offences
(31B) Being armed with criminal intent
(44) Incest (with sibling or half-sibling)
(49) Indecent act with 16 or 17 year old child (under the care, supervision or authority of the accused)
(51) Sexual offences against persons with a cognitive impairment by providers of medical or therapeutic services (being in any way a party to the commission of)
(52) Sexual offences against persons with a cognitive impairment by workers (being in any way a party to the commission of)
(56) Abduction of child under the age of 16
(57) Procuring sexual penetration by fraud
(59) Bestiality
(60AD) Deceptive recruiting for commercial sexual services
(60B) Loitering near schools etc. (by serious sexual offender)
(63) Child Stealing (aged under 16 yrs)
(64) Bigamy
(70) Possession of child pornography
(70D) Being found on board piratical vessel and unable to prove non-complicity
(78) Removal of articles from places open to the public
(83A) Falsification of documents (having machines/implements, etc which can be used for the)
(192B) Making, using or supplying identification information
(194) Dealing with proceeds of crime (being negligent as to whether it is proceeds of a crime)
(195A) Dealing with property which subsequently becomes an instrument of crime (negligently)
(198) Threats to destroy or damage property
(199) Possessing anything with intent to destroy or damage property
(206) Rioters demolishing buildings (injure or damage)
(225) Conveying water into a mine
(228) Removing etc. piles of sea banks
(245) Removing buoy etc.
(246D) Dangerous goods on aircraft
(246E) Threats to safety of aircraft
(247) False statements (of a plan, etc to inflict violence, etc on any building, etc)
(247B) Unauthorised access, modification or impairment with intent to commit serious offence (concerning computers)
(254) Destruction of evidence
(316) Unlawful oaths to commit treason, murder etc. (everything excluding treason or murder)
(317) Offences connected with explosive substances (makes or possesses the means to, without lawful excuse, cause an explosion likely to endanger life or cause serious injury to property)
(317A) Bomb hoaxes
(319) Dangerous driving causing death or serious injury (serious injury)
(319C) Recklessness as to whether controlling dangerous, menacing or restricted breed dog may place another person in danger of death
(320) Affray
(320) Breach of prison
(320) Common assault
(320) Public nuisance
(320) Rout
(320) Unlawful assembly
(320) Wilful exposure
(479B) Aiding a prisoner in escaping
(479C) Escape and related offences (escaping from prison, failure to return to prison when required, otherwise escaping from custody)


3 yrs
(192C) Possession of identification information
(192D) Possession of equipment used to make etc. identification documentation
(247E) Possession of data with intent to commit serious computer offence
(247F) Producing, supplying or obtaining data with intent to commit serious computer offence
(319AA) Dangerous or negligent driving while pursued by police


Level 7 (2 yrs)
(60A) Sexual offence while armed with an offensive weapon
(60B) Loitering near schools etc. (by other than serious sexual offender)
(91) Going equipped for stealing etc.
(195) Dealing with property suspected of being proceeds of crime
(233) Obstructing engine, carriage etc. on railway
(247G) Unauthorised access to or modification of restricted data
(247H) Unauthorised impairment of data held in computer disk, credit card or other device


Level 8 (1 yrs)
(207) Forcible entry


Level 9 (6 months)

(67) Concealing birth of a child

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