1. Offences Against the Person (Non-Sexual)¶
CA = Crimes Act 1958 (Vic); SOA = Summary Offences Act 1966 (Vic); SA = Sentencing Act 1991 (Vic); SS = standard sentence; Cat ½ = Sentencing Act offence category; PU = penalty units; EW/CO/YJCW = emergency worker / custodial officer / youth justice custodial worker on duty. Extracted from study notes. SORA (Sex Offenders Registration Act 2004) classes are not engaged — these are non-sexual offences.
Treason¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 9A | Treason (two discrete offences) | (1) A does any act in s 9A(1)(a)–(f) — kills/harms the Sovereign; levies or prepares war against the Commonwealth; assists an enemy at war; instigates armed invasion; or forms + manifests such intention by an overt act. s 9A(2): receives/assists a known traitor to escape punishment, OR knowing another intends treason fails to inform a constable / prevent it. | s 9A(1): Level 1 imprisonment (life) or other term as court determines / s 9A(2): Level 3 (20 yrs) — indictable; overt-act evidence rule s 9A(3) Category (Sentencing Act mandatory sentencing): not a category ½ offence (not enumerated) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
Homicide¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 3 | Murder (common law; intentional/reckless) | (1) A's conscious, voluntary & deliberate act caused V's death (Royall; substantial & operating cause); (2) V a human being born alive (Hutty); (3) at the time A intended to kill or cause really serious injury, OR knew death/RSI probable (Crabbe); (4) no lawful justification or excuse. | CL offence; penalty s 3 CA — Level 1 (life) / other term / Cat 1 (SA, mandatory custodial s 5(2G)) / SS 25 yrs (30 yrs if V emergency worker, s 3(2)(a)–(b)) — strictly indictable; serious MV offence (licence cancellation min 2 yrs, incl attempted murder, if from driving) Category (Sentencing Act mandatory sentencing): Category 1 (no condition) Standard sentence: 25 yrs (30 yrs if the victim was an emergency worker or custodial officer on duty) Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): YES (cl 3(a)) |
| s 3A | Constructive (statutory) murder | (1) A or co-accused, by a conscious/voluntary/deliberate act of violence (Butcher), (2) unintentionally causes V's death, (3) in the course or furtherance of a crime whose necessary elements include violence and which carries max life or 10 yrs+. Liable to be convicted of murder as though killing was intentional. | Convicted of murder — penalty as for murder (s 3): Level 1 (life)/other term / Cat 1 (SA, mandatory custodial s 5(2G)) / SS 25 yrs — strictly indictable (Perry: not inherently less serious than CL murder) Category (Sentencing Act mandatory sentencing): Category 1 (a s 3A conviction is a conviction for murder — cat-1 para (a)) Standard sentence: 25 yrs — applies as a murder conviction (s 3A makes the offender guilty of murder, so the murder standard sentence under s 5A / Crimes Act s 3(2) applies); 30 yrs if the victim was an emergency worker or custodial officer on duty Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): YES (cl 3(a)) |
| s 5 | Manslaughter (common law) | (1) A's conscious/voluntary/deliberate act caused V's death; AND EITHER (UDA) the act was unlawful (breach of criminal law with mens rea, Wilson) and dangerous (objective: reasonable person would realise appreciable risk of serious injury, Wilson); OR (negligent) A breached a legal duty of care (Taktak) by criminal negligence (great falling short + high risk of death/RSI meriting punishment, Nydam/Lavender). | CL offence; penalty s 5 CA — 25 yrs / Cat 2 (SA, imprisonment s 5(2H) unless (a)–(e)) — gross-violence (s 9B SA) and single-punch (s 9C SA) forms carry min NPP 10 yrs (notice + BRD); strictly indictable; serious MV offence (licence cancellation min 2 yrs if from driving) Category (Sentencing Act mandatory sentencing): Category 2 (no condition) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No — a 'violent offence' (cl 2(b)) but NOT a serious violent offence |
| s 5A | Child homicide | (1) A's conduct kills a child under 6 years; (2) in circumstances that, but for s 5A, would constitute manslaughter. | 25 yrs / Cat 2 (SA, imprisonment s 5(2H)) — strictly indictable; statutory alternative to manslaughter (s 5C) Category (Sentencing Act mandatory sentencing): Category 2 (no condition) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No — a 'violent offence' (cl 2(baa)) but NOT a serious violent offence |
| s 5B | Homicide by firearm | (1) A, by discharging a firearm (s 31C(4)), causes V's death; (2) in circumstances that constitute manslaughter. | 25 yrs / Cat 2 (SA, imprisonment s 5(2H) unless (e)) / SS 13 yrs — strictly indictable; statutory alternative to manslaughter (s 5C) Category (Sentencing Act mandatory sentencing): Category 2 (no condition) Standard sentence: 13 yrs Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No — a 'violent offence' (cl 2(bb)) but NOT a serious violent offence |
| s 6 | Infanticide | (1) A woman's conduct causes the death of her child in circumstances that would constitute murder; (2) at the time, the balance of her mind was disturbed because she had not fully recovered from giving birth, or by a disorder consequent on the birth, within the preceding 2 years. | 5 yrs — alternative to murder; mental impairment available (s 6(3)) Category (Sentencing Act mandatory sentencing): not a category ½ offence (infanticide not enumerated) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
| s 39G OHS Act | Workplace manslaughter | (1) A (a person who is not a volunteer, or an officer of an applicable entity) engages in conduct that is negligent (s 39E); (2) constitutes a breach of an applicable OHS duty owed to V (s 39F); (3) causes V's death; (natural person — conscious & voluntary). | 25 yrs (natural person) / 100,000 PU (body corporate) — strictly indictable; cannot be heard summarily (s 28 CPA does not apply); Part 5A OHS Act 2004, commenced 1 July 2020 Category (Sentencing Act mandatory sentencing): not a category ½ offence (OHS Act offence; the definitions enumerate only Crimes Act offences) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
Causing injury (Crimes Act ss 15A–18, 24)¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 15A | Intentionally causing serious injury in circumstances of gross violence (ICSIGV) | (1) V suffered serious injury (s 15); (2) A caused it (Royall); (3) A intended to cause serious injury (Westaway); (4) injury caused in circumstances of gross violence (s 15A(2) — exhaustive list); (5) without lawful excuse. | Level 3 (20 yrs) / Cat 1 (SA, mandatory custodial s 5(2G)) / min NPP 4 yrs (ss 10, 11) [5 yrs if EW, s 10AA] unless special reason s 10A — strictly indictable; serious MV offence (licence cancellation min 12 mths if driving under influence) Category (Sentencing Act mandatory sentencing): Category 1 (no condition) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): YES (cl 3(b)(iaa)) |
| s 15B | Recklessly causing serious injury in circumstances of gross violence (RCSIGV) | (1) V suffered serious injury (s 15); (2) A caused it; (3) A reckless as to causing serious injury (foresaw serious injury probable, Campbell); (4) circumstances of gross violence (s 15B(2)); (5) without lawful excuse. | Level 4 (15 yrs) / Cat 1 (SA, mandatory custodial s 5(2G)) / min NPP 4 yrs (ss 10, 11) [5 yrs if EW, s 10AA] unless special reason s 10A — strictly indictable Category (Sentencing Act mandatory sentencing): Category 1 (no condition) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): YES (cl 3(b)(iab)) |
| s 16 | Intentionally causing serious injury (ICSI) | (1) V suffered serious injury (s 15); (2) A caused it; (3) A intended to cause serious injury (Westaway); (4) without lawful excuse. | Level 3 (20 yrs) / Cat 1 (SA, s 5(2G)/(2GA)) if against EW/CO/YJCW + knew/reckless (min NPP 3 yrs s 10AA(1)) unless s 10A; otherwise Cat 2 (SA, s 5(2H)) — strictly indictable Category (Sentencing Act mandatory sentencing): Category 1 if the victim was an emergency worker / custodial officer / YJ custodial worker on duty and the offender knew or was reckless; otherwise Category 2 Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): YES (cl 3(b)(i)) |
| s 17 | Recklessly causing serious injury (RCSI) | (1) V suffered serious injury (s 15); (2) A caused it; (3) A reckless as to serious injury (probable, Campbell; DPP Ref No 1 of 2019); (4) without lawful excuse. | Level 4 (15 yrs) / Cat 1 (SA, s 5(2G)) if against EW/CO/YJCW + knew/reckless (min NPP 2 yrs s 10AA(1)) unless s 10A — indictable, triable summarily unless against EW (Sch 2 CPA) Category (Sentencing Act mandatory sentencing): Category 1 if against an emergency worker etc (knew/reckless); otherwise NEITHER (s 17 is not a category 2 offence) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No — a 'violent offence' (cl 2©(ii)) but NOT a serious violent offence |
| s 18 | Intentionally causing injury (ICI) | (1) V suffered injury (s 15CA — physical injury or harm to mental health); (2) A caused it; (3) A intended to cause injury; (4) without lawful excuse. | Level 5 (10 yrs) / Cat 1 (SA, s 5(2G)/(2GA)) if against EW/CO/YJCW + knew/reckless (min 6 mths s 10AA(4)) unless s 10A — indictable, triable summarily unless against EW (Sch 2 CPA) Category (Sentencing Act mandatory sentencing): Category 1 if against an emergency worker etc (knew/reckless); otherwise NEITHER Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
| s 18 | Recklessly causing injury (RCI) | (1) V suffered injury (s 15CA); (2) A caused it; (3) A reckless as to causing injury; (4) without lawful excuse. | Level 6 (5 yrs) / Cat 1 (SA, s 5(2G)/(2GA)) if against EW/CO/YJCW + knew/reckless (min 6 mths s 10AA(4)) unless s 10A — indictable, triable summarily unless against EW (Sch 2 CPA) Category (Sentencing Act mandatory sentencing): Category 1 if against an emergency worker etc (knew/reckless); otherwise NEITHER Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
| s 24 | Negligently causing serious injury (NCSI) | (1) A owed V a legal duty of care (Nydam; Shields); (2) breached it by criminal negligence (great falling short + high risk of death/RSI meriting punishment, Aston); (3) the act was conscious/voluntary/deliberate; (4) the breach caused V serious injury (s 15). | 10 yrs — indictable, triable summarily; serious MV offence (licence cancellation min 2 yrs if from driving); s 319(1A) dangerous driving causing SI is a statutory alternative (s 422A(1A)) Category (Sentencing Act mandatory sentencing): neither (not enumerated) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
Assault offences (Crimes Act and Summary Offences Act)¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| CL | Common law assault — application of force (battery) | (1) A applied force to V's body (need not be violent; any touch, Collins v Wilcock; direct or via a weapon); (2) intentionally or recklessly (adverted to likelihood); (3) without lawful justification or excuse (Zecevic — pros disproves consent, social touching, lawful arrest, lawful correction of child, self-defence, ejecting trespasser). | Penalty s 320 CA — 5 yrs; UPLIFT under s 320A: 10 yrs (offensive weapon), 15 yrs (firearm/imitation firearm), Cat 2 (SA, s 5(2H)), sentence cumulative s 16(3E) — indictable, can be heard summarily Category (Sentencing Act mandatory sentencing): Category 2 — CONFIRMED against the current Sentencing Act 1991 s 3 (AustLII): cat-2 para (m) covers 'common assault committed in the circumstances referred to in s 320A(1) or (2) of the Crimes Act 1958 if the assault consisted of or included the direct application of force'. So the charge list's 'Cat 2' for the s 320A uplift (force/weapon) is correct. Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (common assault is not a serious violent offence) |
| CL | Common law assault — no application of force (apprehension) | (1) A's act caused V to apprehend the immediate/imminent application of force (V need not be frightened; apprehension need not be reasonable; words/gestures sufficient); (2) A intended to cause that apprehension, or was reckless as to it; (3) without lawful justification or excuse. | 5 yrs Category (Sentencing Act mandatory sentencing): not a category ½ offence (not enumerated) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
| s 31 | Assaults (with intent / EW etc on duty) | (1) A assaults or threatens to assault (s 31(2) defn: direct/indirect application of force, no lawful excuse, intent/reckless as to bodily injury, pain, discomfort, damage, insult or deprivation of liberty) — (a) with intent to commit an indictable offence; or (b)/(ba) assaults/resists/obstructs an EW/YJCW/CO on duty (or person assisting), knowing/reckless as to status; or © with intent to resist/prevent lawful apprehension. | Level 6 (5 yrs) — indictable Category (Sentencing Act mandatory sentencing): not a category ½ offence (not enumerated) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
| s 23 SOA | Common assault | (1) A unlawfully assaults or beats V (assault = intentional/reckless act causing apprehension of immediate unlawful violence and/or battery, Fagan; complainant need not be put in fear). | 15 PU or 3 mths imprisonment — summary Category (Sentencing Act mandatory sentencing): not a category ½ offence (Summary Offences Act; not enumerated) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
| s 24 SOA | Aggravated assault | (1) A assaults or batters V; (2) s 24(1): V a male child whose age (in court's opinion) does not exceed 14, or any female, and the assault is too aggravated to be punished under s 23; OR s 24(2): in company, or by kicking or with a weapon/instrument. | s 24(1): 25 PU or 6 mths (+ recognizance to keep the peace) / s 24(2): 12 mths (in company); 2 yrs (kicking or weapon) — summary Category (Sentencing Act mandatory sentencing): not a category ½ offence (Summary Offences Act; not enumerated) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
| s 51 SOA | Assaulting EW / CO / YJCW / local authority staff on duty | (1) A assaults, resists, obstructs, hinders or delays; (2) an EW on duty, CO on duty or YJCW on duty (s 51(2)); or a member of local authority staff in execution of duty (s 51(3)); or a person lawfully assisting an EW/CO/YJCW on duty (s 51(4)). | 60 PU or 6 mths imprisonment (each subsection) — summary; court may award damages (s 51(5)) Category (Sentencing Act mandatory sentencing): not a category ½ offence (Summary Offences Act; not enumerated) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
| s 51A SOA | Assaulting registered health practitioners | (1) A assaults a registered health practitioner; (2) knowing or reckless as to whether the person is a health practitioner; (3) practitioner engaged to provide/support care in a hospital and in the hospital/on premises (s 51A(1)), or providing/supporting care elsewhere in the course of engagement (s 51A(2)). | 60 PU or 6 mths imprisonment — summary Category (Sentencing Act mandatory sentencing): not a category ½ offence (Summary Offences Act; not enumerated) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
Exposing emergency workers to risk by driving (Crimes Act ss 317AC–317AF)¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 317AC | Intentionally exposing EW / CO / YJCO to risk by driving | (1) A drives a motor vehicle; (2) in the vicinity of an EW (etc) on duty; (3) knowing or reckless as to whether they are an EW (etc); (4) intending to expose the person to a risk to safety (no injury required, ss(3)). | 20 yrs / Cat 1 (SA, mandatory imprisonment s 5(2G)) ONLY if person injured (min NPP 2 yrs s 10AE unless s 10A); serious MV offence (licence cancellation min 2 yrs) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
| s 317AD | Aggravated — intentionally exposing to risk by driving | (1) Commission of the s 317AC offence; PLUS (2) an aggravating factor: vehicle stolen (A knows/reckless); or in connection with s 317AG (damaging an emergency services vehicle); or in connection with another indictable offence punishable by 10 yrs+ (s 317AD(2) 'in connection' definition). | 20 yrs / Cat 1 (SA, mandatory imprisonment s 5(2G)) if person injured (min NPP 2 yrs s 10AE unless s 10A); Cat 2 if not injured — does not apply to offender under 18; serious MV offence (licence cancellation min 2 yrs) Category (Sentencing Act mandatory sentencing): Category 1 if such a worker is injured; otherwise Category 2 (the definition explicitly makes the aggravated offence cat 2 where the injury condition is not met) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
| s 317AE | Recklessly exposing EW / CO / YJCO to risk by driving | (1) A drives a motor vehicle; (2) in the vicinity of an EW (etc) on duty; (3) knowing or reckless as to status; (4) recklessly exposes the person to a risk to safety (s 317AE(1)©). | 10 yrs / Cat 2 (SA, s 5(2H)) The category 2 definition lists only the AGGRAVATED driving offences s 317AD (j) and s 317AF (k) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
| s 317AF | Aggravated — recklessly exposing to risk by driving | (1) Commission of the s 317AE offence; PLUS (2) an aggravating factor (stolen vehicle known/reckless; in connection with s 317AG; or in connection with another indictable offence punishable by 10 yrs+, s 317AF(2)). | 10 yrs / Cat 2 (SA, s 5(2H) unless (a)–(e)) Category (Sentencing Act mandatory sentencing): Category 2 — CONFIRMED against the current Sentencing Act 1991 s 3 (AustLII, 18.6.26): cat-2 para (k) is 'an offence against section 317AF of the Crimes Act 1958 (aggravated offence of recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving)'. The charge list's 'Cat 2' is correct. Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
Firearm and law-enforcement offences (Crimes Act ss 31C, 31D)¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 31C | Discharging a firearm reckless to safety of a police officer / PSO | (1) A discharges a firearm (s 31C(4)); (2) reckless as to the safety of V due to the discharge; (3) V is a police officer or PSO on duty; (4) A knows or is reckless as to that status; (authorised persons excluded, s 31C(3)). | Level 4 (15 yrs) / Cat 2 (SA, mandatory custodial s 5(2H) unless (e)) if conduct created risk to physical safety of V/public; s 16(3E) presumption of cumulation — strictly indictable Category (Sentencing Act mandatory sentencing): Category 2 'in circumstances where the offender's conduct created a risk to the physical safety of the victim or to any member of the public' (conditional) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
| s 31D | Intimidation of a law enforcement officer / family member | (1) A uses or procures the use of intimidation towards V (s 31D(3): conduct reasonably expected to arouse apprehension/fear for V's safety + A knew, or ought to have known, it would be likely to — actual intimidation not required, ss(4)); (2) V is a law enforcement officer or family member (s 31D(8)); (3) for reasons related to that status. | Level 5 (10 yrs) — indictable, triable summarily; no mandatory sentencing; defence s 31D(5) (without malice, in lawful business/news, industrial dispute, or political purposes) Category (Sentencing Act mandatory sentencing): neither (not enumerated; no mandatory sentencing) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
Public order offences (Crimes Act ss 195H, 195I)¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 195H | Statutory affray | (1) A uses or threatens unlawful violence (a threat must be more than words alone, s 195H(3)); (2) intending to use/threaten violence or reckless as to whether conduct involves/threatens violence (s 195H(2)); (3) the conduct would cause a person of reasonable firmness present at the scene to be terrified (objective; no such person need actually be present, s 195H(4)). | Level 6 (5 yrs); 7 yrs if wearing a face covering to conceal identity or protect from a crowd-controlling substance (s 195H(1)(b)) — indictable, triable summarily Category (Sentencing Act mandatory sentencing): not a category ½ offence (not enumerated) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
| s 195I | Violent disorder | (1) 6 or more persons present together; (2) use or threaten unlawful violence with a common goal or intention; (3) their conduct, taken together, causes injury to a person or damage to property; (4) A intends to use/threaten violence or is reckless as to whether conduct involves/threatens violence (s 195I(4)). | Level 5 (10 yrs); Level 4 (15 yrs) if wearing a face covering (s 195I(3)(b)) — indictable triable summarily (10 yrs) / strictly indictable (15 yrs); commenced 13 Sept 2017 Category (Sentencing Act mandatory sentencing): not a category ½ offence (not enumerated) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
Threats, endangerment and substances (Crimes Act ss 19–23)¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 19 | Administering certain substances | (1) A administers, or causes to be taken by, V a substance; (2) without lawful excuse; (3) the substance is capable in the circumstances of substantially interfering with V's bodily functions (incl. inducing unconsciousness/sleep, s 19(2)(b)); (4) A knew of that capability; (5) V had not consented; (6) A knew, or was reckless as to, the absence of consent. | 5 yrs — indictable, triable summarily Category (Sentencing Act mandatory sentencing): neither (not enumerated) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
| s 20 | Threat to kill | (1) A made to V a threat to kill V or another person (Leece — must be a threat to kill; V must receive but need not be the person threatened); (2) intending V to fear the threat would be carried out, or reckless as to that (Crabbe — subjective, probable not possible); (3) without lawful excuse (self-defence; prevention of crime). | 10 yrs — indictable, triable summarily Category (Sentencing Act mandatory sentencing): neither (not enumerated in the category ½ definitions) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): YES (cl 3(b)(iii)) |
| s 21 | Threat to inflict serious injury | (1) A made to V a threat to inflict serious injury (s 15) on V or another; (2) intending V to fear it would be carried out, or reckless as to that; (3) without lawful excuse. | 5 yrs — indictable, triable summarily Category (Sentencing Act mandatory sentencing): neither (not enumerated) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No — a 'violent offence' (cl 2©(v)) but NOT a serious violent offence |
| s 22 | Conduct endangering life | (1) A engaged in conduct; (2) voluntary; (3) recklessly (foresaw an appreciable risk of serious injury/death was a probable consequence, Nuri; Mutemeri); (4) the conduct placed or may place another person in danger of death (objective, Nuri; appreciable risk = more than remote possibility); (5) without lawful authority or excuse. | 10 yrs — indictable, triable summarily; serious MV offence (licence cancellation min 12 mths if driving under influence) Category (Sentencing Act mandatory sentencing): neither (not enumerated) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
| s 23 | Conduct endangering persons | (1) A engaged in conduct; (2) voluntary; (3) recklessly; (4) the conduct placed or may place another in danger of serious injury (s 15; objective; appreciable risk); (5) without lawful authority or excuse. | 5 yrs — indictable, triable summarily; serious MV offence (licence cancellation min 12 mths if driving under influence) Category (Sentencing Act mandatory sentencing): neither (not enumerated) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
Stalking (Crimes Act s 21A)¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 21A | Stalking | (1) A intentionally engaged in a course of conduct (a pattern showing continuity of purpose toward the particular victim, Anders; at least more than one occasion or protracted, Hoang) that included conduct of a type in s 21A(2)(a)–(g); (2) with intent to cause physical/mental harm (incl. self-harm) or to arouse apprehension/fear for V's or another's safety — or deemed intent under s 21A(3)(a) (knew likely) or (b) (ought to have understood + it actually resulted). Defences ss 21A(4), (4A). | Level 5 (10 yrs) Category (Sentencing Act mandatory sentencing): neither (not enumerated) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
Deprivation of liberty offences¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| CL | False imprisonment | (1) A totally deprived V of liberty (total obstruction; no reasonable means of escape, Bird v Jones; McFadzean); (2) A intended to deprive V of liberty (not met if A mistakenly believed V consented, Vollmer); (3) the deprivation was unlawful (Macpherson v Brown). | Penalty s 320 CA — 10 yrs — indictable, triable summarily Category (Sentencing Act mandatory sentencing): not a category ½ offence (false imprisonment not enumerated) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
| s 63A | Kidnapping (statutory) | (1) A leads, takes or entices away, or detains, a person; (2) with intent to demand ransom for that person's return/release, or to gain (for self or another) any advantage from the detention — whether or not any demand or threat is in fact made (Rowe — intent may form during detention). | Level 2 (25 yrs) / Cat 2 (SA, imprisonment s 5(2H) unless (a)–(e)) — strictly indictable; serious MV offence (licence cancellation min 12 mths if from driving) Category (Sentencing Act mandatory sentencing): Category 2 (no condition) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No — a 'violent offence' (cl 2©(vi)) but NOT a serious violent offence |
| CL | Kidnapping (common law) | (1) A took or carried V away (effective cause of V accompanying A to another place, Wellard); (2) deprived V of liberty; (3) by force or fraud (force includes threat of force; fraud must be a positive misrepresentation, Cort); (4) V did not consent (informed, free, voluntary); (5) without lawful justification or excuse. | Penalty s 320 CA — 25 yrs / Cat 2 (SA, imprisonment s 5(2H)) — strictly indictable; serious MV offence (licence cancellation min 12 mths if from driving) Category (Sentencing Act mandatory sentencing): Category 2 (common-law kidnapping, cat-2 definition para (f)) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (violent offence but not a serious violent offence) |
| s 63 | Child stealing (three discrete offences) | Type 1 (s 63(1)): A by force/fraud leads/takes/decoys/entices away or detains a child under 16, intending to deprive a parent/guardian/lawful carer of possession, or to steal an article from the child. Type 2 (s 63(1)): A receives/harbours such a child, with that intent, knowing the child was led/taken/decoyed/enticed/detained by force/fraud. Type 3 (s 63(2)): A unlawfully takes/decoys/entices a child under 16 out of, and against the will of, the possession of a parent/guardian, intending to take a child known/believed under 16 against that will (He Kaw Teh). | Level 6 (5 yrs) — indictable, triable summarily; statutory bar on prosecuting the child's mother, a claimed father of an illegitimate child, or a person claiming a right to possession (s 63(1)) Category (Sentencing Act mandatory sentencing): not a category ½ offence (child stealing not enumerated) Standard sentence: none Serious offender — serious violent offence (Sentencing Act 1991 Sch 1): No (not enumerated) |
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s 31 (Assaults): the notes heading states a maximum of 6 years, but the reproduced s 31 penalty is Level 6 (5 years maximum). Source inconsistency — flagged, not resolved; confirm against the current s 31.*
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s 31D (Intimidation): the reproduced legislation gives Level 5 (10 years maximum), but the notes' commentary separately states a maximum of 5 years. Source inconsistency — flagged, not resolved; confirm against the current s 31D(2).*
40 offence provisions extracted across 10 offence families. s 9A (treason) contains two discrete offences and s 63 (child stealing) three, so 43 chargeable offences in total. No SORA classes apply (non-sexual offences).