2. Non-Fatal Strangulation, Injury and Family Violence Offences (Victoria)¶
Current to 18 August 2026. Crimes Act 1958 (Vic) unless otherwise stated. CPA = Criminal Procedure Act 2009 (Vic); SA = Sentencing Act 1991 (Vic); FVPA = Family Violence Protection Act 2008 (Vic); SS = standard sentence (SA ss 5A, 5B, 11A); NPP = non-parole period; SORA = Sex Offenders Registration Act 2004 (Vic). "Serious offender" markers are the SA Part 2A consequences (ss 6B, 6D, 6E) which attach only to offences in SA Schedule 1.
1 — Non-fatal strangulation: Crimes Act Subdivision (4A), ss 34AB–34AK¶
Inserted by the Crimes Amendment (Non-fatal Strangulation) Act 2023 (Vic) (No 37/2023) s 3. Commenced 13 October 2024. Applies only to conduct on or after that date — for earlier conduct, charge ss 18, 22, 23 or common assault.
| Section | Offence | Brief elements | Triable summarily? | Maximum penalty | Standard sentence / minimum NPP / mandatory sentencing | Serious offender, registration & other consequences |
|---|---|---|---|---|---|---|
| s 34AD | Non-fatal strangulation intentionally causing injury | (1) A intentionally and without lawful excuse chokes, strangles or suffocates B (definition: s 34AB(1)); (2) A intends the choking/strangling/suffocation to cause an injury to B; (3) the conduct causes an injury to B (injury = s 15); (4) A is a family member of B (FVPA s 8). s 34AD(2): consent is not a lawful excuse in any circumstance. s 34AD(3): exception for a procedure carried out in good faith for medical or body-modification purposes (examples: neck tattoo, neck piercing at B's request). s 34AK: honest and reasonable mistaken belief that A was not a family member is not a defence. |
Yes. Indictable by Crimes Act s 2B (the section does not itself say "indictable offence"); level 5, so within CPA s 28(1)(b). Not listed in CPA Sch 2 — jurisdiction comes from the level alone. s 29 test must still be satisfied. | Level 5 — 10 years | No standard sentence. No minimum NPP. Not a category 1 or category 2 offence (SA s 3; both definitions also require the offender to be 18+ at the time) — s 5(2G)/(2H) mandatory custodial order does not apply. Ordinary s 5 instinctive synthesis. | Not in SA Sch 1 — not a violent offence (cl 2) or serious violent offence (cl 3). No serious-offender consequences (ss 6D, 6E). No automatic SORA registration (not a Class 1–4 offence) — but a discretionary registration order under SORA s 11(1) remains available on the prosecution's application within 45 days if the court is satisfied beyond reasonable doubt of a risk to sexual safety (s 11(3), (6)). Family violence offence: CPA Pt 8.2 witness protections; Bail Act s 5AAAA risk assessment; FVPA s 5(2)(ba). |
| s 34AE | Non-fatal strangulation (simpliciter) | (1) A intentionally and without lawful excuse chokes, strangles or suffocates B (s 34AB(1)); (2) A is a family member of B (FVPA s 8). No injury element and no consequence element — the offence is complete on the conduct. Consent (asymmetric): if the conduct is a sexual activity, consent is no lawful excuse except through the s 34AF defence (s 34AE(2)); if the conduct is not a sexual activity, the common law defence of consent remains available (s 34AE(3)) and ss 34AG–34AJ do not apply (s 34AE(4)). s 34AK applies. |
Yes. Indictable by Crimes Act s 2B; level 6, so within CPA s 28(1)(b). Not in CPA Sch 2. | Level 6 — 5 years | No standard sentence. No minimum NPP. Not a category 1 or category 2 offence. Full range of Div 2 Pt 3 orders available (see DPP v Cullen [2025] VCC 1824). | Not in SA Sch 1 — no serious-offender consequences. No automatic SORA registration — but see SORA s 11(1) (discretionary registration order), which is a live consideration where the strangulation occurred during sexual activity. Family violence offence — same CPA Pt 8.2 / Bail Act s 5AAAA / FVPA s 5(2)(ba) consequences as s 34AD. |
2 — Subdivision (4A): definitional, interpretive and defence provisions (not chargeable)¶
| Section | Offence | Brief elements | Triable summarily? | Maximum penalty | Standard sentence / minimum NPP / mandatory sentencing | Serious offender, registration & other consequences |
|---|---|---|---|---|---|---|
| s 34AB | Definitions | "chokes, strangles or suffocates" includes (a) applying pressure to the front or sides of a person's neck; (b) obstructing any part of, or interfering with the operation of, a person's respiratory system or accessory systems of respiration; © impeding a person's respiration. "family member" = FVPA s 8. "injury" = Crimes Act s 15. "sexual activity" = s 35D plus s 34AB(2) (strangulation occurring during sexual activity is itself sexual activity). | n/a | n/a | n/a | Definition is inclusive and expressed as conduct, not consequence — broader than Qld (R v HBZ) and NSW (GS v R). Each limb is a standalone criterion (Explanatory Memorandum, cl 3). |
| s 34AC | Guiding principles | Courts must have regard to: (a) NFS by a current or former intimate partner means the person is statistically significantly more likely to be killed by that partner; (b) in family violence it can indicate an ongoing and escalating pattern of coercive and controlling behaviour; © even very short or individual instances demonstrate physical dominance and create an atmosphere of fear and compliance; (d) it will not always leave physical signs or injuries, and injuries may appear only after weeks or months. | n/a | n/a | n/a | Applied on sentence in DPP v Cullen [2025] VCC 1824 (Judge Pillay) to assess objective gravity where there was no prior authority. |
| s 34AF | Sexual activity and consent defence (to s 34AE only) | Defence to s 34AE(1) if (a) the conduct was a sexual activity; and (b) either (i) B consented, or (ii) A reasonably believed B consented. "Consent" bears the meaning in ss 34AG and 34AH. | n/a | n/a | n/a | Affirmative-consent model mirroring ss 36, 36AA, 36A, 36B. Not available to s 34AD. |
| s 34AG | Meaning of consent | (a) consent means free and voluntary agreement; (b) a person does not consent merely because they do not resist verbally or physically; © nor because they consented to a different sexual activity with the same person, the same activity at a different time or place, the same activity with a different person, or a different activity with a different person. | n/a | n/a | n/a | EM: "consent to sexual intercourse does not amount to consent to non-fatal strangulation". |
| s 34AH | Circumstances in which a person does not consent | Non-exhaustive: (a) says or does nothing to indicate consent; (b) submits because of force, fear of force, harm of any type or fear of harm — whenever occurring, single incident or ongoing pattern (examples: economic, reputational, family/cultural/community, employment harm; FV psychological abuse; sexual harassment); © coercion or intimidation; (d) unlawful detention; (e) overborne by abuse of a relationship of authority or trust; (f) asleep or unconscious; (g)–(h) so affected by alcohol/drugs as to be incapable of consenting or of withdrawing consent; (i) withdrawal of consent. | n/a | n/a | n/a | s 34AH(i) is drafted to cover safe words or gestures (EM). |
| s 34AI | Reasonable belief in consent | (1) Depends on the circumstances. (2) A's belief is not reasonable if, within a reasonable time before or at the time of the conduct, A did not say or do anything to find out whether B consents. (3) Exception where A has a cognitive impairment or mental illness (other than self-induced intoxication) that is a substantial cause of A not doing so. (4) A bears the legal burden on the balance of probabilities. | n/a | n/a | n/a | EM: an internal thought process will not suffice; a verbal or non-verbal step is required. |
| s 34AJ | Effect of intoxication on reasonable belief | Self-induced intoxication → standard of a reasonable person who is not intoxicated and otherwise in the same circumstances. Non-self-induced → standard of a reasonable person intoxicated to the same extent. s 34AJ(2)–(3) define self-induced intoxication (replicates s 36B). | n/a | n/a | n/a | Prescription/non-prescription drug carve-outs are lost if the person knew or had reason to believe the drug would significantly impair judgement or control. |
| s 34AK | No defence of mistaken but honest and reasonable belief regarding relationship | For ss 34AD(1) and 34AE(1), it is not a defence that A honestly and reasonably but mistakenly believed A was not a family member of B. | n/a | n/a | n/a | s 34AK does not prevent A disputing whether B in fact met the family-member definition (EM) — the fact remains in issue, only the mistake is excluded. |
3 — Injury and serious injury offences: Crimes Act Subdivision (4), ss 15A–24¶
"Injury" and "serious injury" are exhaustively defined in s 15 (substituted by the Crimes Amendment (Gross Violence Offences) Act 2013 (No 6/2013), from 1 July 2013).
| Section | Offence | Brief elements | Triable summarily? | Maximum penalty | Standard sentence / minimum NPP / mandatory sentencing | Serious offender, registration & other consequences |
|---|---|---|---|---|---|---|
| s 15A | Causing serious injury intentionally in circumstances of gross violence | (1) A, without lawful excuse, intentionally causes serious injury (s 15) to B; (2) in circumstances of gross violence — any one of s 15A(2)(a) advance planning with intent/recklessness/objective foreseeability of serious injury; (b) in company with 2+ others; © agreement/arrangement/understanding with 2+ others; (d) planned in advance to have and use, and in fact used, an offensive weapon, firearm or imitation firearm; (e) continued to cause injury after B was incapacitated; (f) caused the serious injury while B was incapacitated. | No — indictable only. Not in CPA Sch 2; above the s 28(1)(b) level threshold. | Level 2 — 25 years (raised from 20 by No 54/2025, from 10 December 2025) | No standard sentence. Category 1 offence (SA s 3(b)) → s 5(2G) mandatory custodial order. SA s 10(1): mandatory term of imprisonment plus a minimum NPP of 4 years unless a s 10A special reason is found. s 10AA(1): minimum NPP 5 years if the victim was an emergency worker / custodial officer / youth justice custodial worker on duty. | Serious violent offence — SA Sch 1 cl 3(b)(iaa); also a violent offence cl 2©(iaa). Conviction + imprisonment or YJC detention ⇒ serious violent offender (s 6B(2)) ⇒ s 6D community protection as the principal purpose, disproportionate sentence permitted; s 6E cumulation by default. Category A serious youth offence (SA s 3). "Serious offence" for indefinite sentence (SA s 3). Alternative verdict: s 422(1). |
| s 15B | Causing serious injury recklessly in circumstances of gross violence | As for s 15A but the fault element is recklessness as to causing serious injury; same s 15B(2)(a)–(f) circumstances of gross violence. | No — indictable only. | Level 3 — 20 years (raised from 15 by No 54/2025, from 10 December 2025) | No standard sentence. Category 1 offence (SA s 3©) → s 5(2G) mandatory custodial order. SA s 10(1): mandatory imprisonment + minimum NPP 4 years unless s 10A special reason. s 10AA(1): minimum NPP 5 years for emergency worker / custodial officer / YJ custodial worker victims. | Serious violent offence — SA Sch 1 cl 3(b)(iab); also a violent offence cl 2©(iab). Serious violent offender consequences (ss 6D, 6E). Category B serious youth offence. Alternative verdict: s 422(2). |
| s 16 | Causing serious injury intentionally (ICSI) | A, without lawful excuse, intentionally causes serious injury (s 15) to another person. | No — not in CPA Sch 2 and above the level threshold. | Level 3 — 20 years | No standard sentence. Category 1 offence if the victim was an emergency worker / custodial officer / YJ custodial worker on duty and A knew or was reckless as to that (SA s 3(ca)) → s 5(2G); s 10AA(1) minimum NPP 3 years unless s 10A special reason (s 10AA(2) YJC order min 3 years for a young offender). Otherwise Category 2 offence (SA s 3©) → s 5(2H) mandatory custodial order unless (a)–(e) apply. | Serious violent offence — SA Sch 1 cl 3(b)(i); also violent offence cl 2©(i) ⇒ ss 6D, 6E. "Serious offence" for indefinite sentence (SA s 3). No SORA registration. |
| s 17 | Causing serious injury recklessly (RCSI) | A, without lawful excuse, recklessly causes serious injury to another person. Recklessness = awareness of the probability of the relevant consequence (see DPP Reference No 1 of 2019 [2020] VSCA 181; [2021] HCA 26). | Yes — CPA Sch 2 item 4.1, except where the offence is alleged to have been committed against an emergency worker / custodial officer / YJ custodial worker on duty (SA s 10AA). | Level 4 — 15 years | No standard sentence. Category 1 offence if committed against an emergency worker / custodial officer / YJ custodial worker on duty with knowledge or recklessness (SA s 3(cb)) → s 5(2G); s 10AA(1) minimum NPP 2 years unless s 10A special reason (s 10AA(2) YJC order min 2 years). Otherwise no mandatory sentencing. | Violent offence — SA Sch 1 cl 2©(ii) (relevant to "serious sexual offender" under s 6B(2)(b) where paired with a sexual offence in one course of conduct). NOT a serious violent offence — cl 3(b)(ii) was repealed by No 17/2015 s 4(3). No SORA registration. |
| s 18 | Causing injury intentionally or recklessly (two discrete offences) | A, without lawful excuse, intentionally or recklessly causes injury (s 15) to another person. "Injury" = physical injury or harm to mental health, temporary or permanent; "physical injury" includes unconsciousness, disfigurement, substantial pain, infection with a disease and an impairment of bodily function. | Yes — CPA Sch 2 item 4.1A, except against an emergency worker / custodial officer / YJ custodial worker on duty. The intentional limb is also within CPA s 28(1)(b) as a level 5 offence. | Intentional: Level 5 — 10 years. Reckless: Level 6 — 5 years | No standard sentence. Category 1 offence if committed against an emergency worker / custodial officer / YJ custodial worker on duty with knowledge or recklessness (SA s 3(cc)) → s 5(2G); s 10AA(4): mandatory term of imprisonment of not less than 6 months unless s 10A special reason (s 10AA(2) YJC order min 6 months). Otherwise no mandatory sentencing. | NOT in SA Sch 1 — no violent-offence or serious-violent-offence status and no ss 6D/6E consequences. Is an "offence involving an assault" (SA s 3). No SORA registration. Note s 34AD carries the same 10-year maximum as the intentional limb but is the preferred charge for FV strangulation (EM). |
| s 22 | Conduct endangering life | A, without lawful excuse, recklessly engages in conduct that places or may place another person in danger of death. | Yes — level 5, CPA s 28(1)(b). Not in CPA Sch 2. | Level 5 — 10 years | No standard sentence. Not a category 1 or 2 offence. No minimum NPP. | Not in SA Sch 1 — no serious-offender consequences. Listed in the JCV Criminal Charge Book as a qualifying "act of violence" for statutory murder (s 3A). |
| s 23 | Conduct endangering persons | A, without lawful excuse, recklessly engages in conduct that places or may place another person in danger of serious injury. | Yes — level 6, CPA s 28(1)(b). | Level 6 — 5 years | No standard sentence. No mandatory sentencing. | Not in SA Sch 1. The pre-2024 fallback charge for a strangulation of short duration — see DPP v Kearney (a pseudonym) [2025] VCC 1043 (acquitted of s 22, convicted of s 23). |
| s 24 | Negligently causing serious injury | A, by negligently doing or omitting to do an act, causes serious injury to another person. Criminal negligence: a great falling short of the standard of care of a reasonable person, involving a high risk of death or serious injury (Nydam v The Queen [1977] VR 430). | Yes — level 5, CPA s 28(1)(b). | Level 5 — 10 years | No standard sentence. No mandatory sentencing. | Not in SA Sch 1. See Peters v The Queen [No 2] [2019] VSCA 292; (2019) 60 VR 231 on "injury" and "serious injury" in this section. |
4 — Threats, assault and stalking¶
| Section | Offence | Brief elements | Triable summarily? | Maximum penalty | Standard sentence / minimum NPP / mandatory sentencing | Serious offender, registration & other consequences |
|---|---|---|---|---|---|---|
| s 20 | Threats to kill | A, without lawful excuse, makes to B a threat to kill B or any other person, (a) intending that B would fear the threat would be carried out, or (b) being reckless as to whether B would so fear. | Yes — level 5, CPA s 28(1)(b). | Level 5 — 10 years | No standard sentence. Not a category 1 or 2 offence. | Serious violent offence — SA Sch 1 cl 3(b)(iii); also a violent offence cl 2©(iv) ⇒ serious violent offender consequences (ss 6D, 6E). "Serious offence" for indefinite sentence (SA s 3©(ii)). This is the FV threat charge with real sentencing consequences. |
| s 21 | Threats to inflict serious injury | As for s 20 but the threat is to inflict serious injury (s 15) on B or any other person; same intention/recklessness alternatives. | Yes — level 6, CPA s 28(1)(b). | Level 6 — 5 years | No standard sentence. Not a category 1 or 2 offence. | Violent offence — SA Sch 1 cl 2©(v) only. Not a serious violent offence. Frequently charged as a duplicate alternative to s 20 on one utterance — identify and require election. |
| s 21A | Stalking | Substituted by No 1/2026 s 67, from 26 April 2026. (1) A engages in a course of conduct in relation to B; the course includes conduct specified in s 21A(2); and either (i) A intends or believes the course will probably cause a s 21A(3) result, or (ii) A ought to understand it will probably cause such a result and it does. s 21A(1B): course of conduct = conduct on more than one occasion or protracted conduct, showing a continuity of purpose. s 21A(3) results: physical or mental harm to B (including self-harm); apprehension or fear for B's safety or another's. Defences: s 21A(4) official duties; s 21A(4A) without malice in business, industrial or political contexts. | Yes — level 5, CPA s 28(1)(b). | Level 5 — 10 years (s 21A(1A)) | No standard sentence. No mandatory sentencing. | Not in SA Sch 1. Straddle trap: Crimes Act s 641(2) deems an offence charged between two dates spanning 26 April 2026 to have been committed before that day — the old s 21A governs. PSIO available (Personal Safety Intervention Orders Act 2010). |
| s 31(1) | Assaults (four limbs) | A (a) assaults or threatens to assault another with intent to commit an indictable offence; or (b)/(ba) assaults, threatens to assault, resists or intentionally obstructs an emergency worker / YJ custodial worker / custodial officer on duty (or a person assisting), knowing or reckless as to their status; or (bb) assaults or threatens to assault an applicable customer-facing worker (Summary Offences Act s 51C) in connection with their duties (s 31(4)), knowing or reckless; or © assaults or threatens to assault with intent to resist or prevent lawful apprehension or detention. "Assault" defined in s 31(2)–(3). | Yes — level 6, CPA s 28(1)(b). | Level 6 — 5 years | No standard sentence. s 31 is not listed in the SA s 3 category 1 or category 2 definitions and is not in the s 10AA Table — no mandatory minimum applies to s 31 itself. | Not in SA Sch 1. s 31(1)(bb) and s 31(2B) inserted by No 52/2025 s 3, from 10 December 2025 — check the offence date. |
| s 320 (common law) | Common assault | Common law assault or battery. Maximum term fixed by the s 320 Table. | Yes — level 6, CPA s 28(1)(b). | Level 6 — 5 years | s 320A raises the maximum to level 5 (10 years) where the offender has an offensive weapon readily available and the victim is a police officer or PSO on duty (s 320A(1)), and to level 4 (15 years) for a firearm or imitation firearm (s 320A(2)) — in each case a category 2 offence (SA s 3(m)) → s 5(2H) mandatory custodial order; SA s 16(3E) cumulation by default. | Not in SA Sch 1. Before 13 October 2024 this (or Summary Offences Act s 23) was the charge prosecutors fell back on for strangulation — the gap the Second Reading Speech identified. |
| SOA s 23 | Common assault (Summary Offences Act 1966 s 23) | Any person who unlawfully assaults or beats another person. | Summary offence — Magistrates' Court only. | 15 penalty units or 3 months | None. | This is the "three months" maximum criticised in the Second Reading Speech to the Non-fatal Strangulation Bill as "inadequate for such serious offending". |
| SOA s 24 | Aggravated assault (Summary Offences Act 1966 s 24) | (1)(a) assault or battery on a male child ≤14 or on a female, of such an aggravated nature that s 23 is insufficient; (2) assault in company; or assault by kicking or with any weapon or instrument. | Summary offence — Magistrates' Court only. | s 24(1)(a): 25 pu or 6 months; s 24(2): 12 months (in company) / 2 years (kicking or weapon) | None. | Recognizance to keep the peace available under s 24(1)(a). |
5 — Family Violence Protection Act 2008 (Vic): notices and orders¶
Classification is governed by Sentencing Act 1991 (Vic) s 112, not by the FVPA itself (the word "summarily" does not appear in the FVPA). Sections 37A, 123A and 125A are described as punishable by level 6 imprisonment, so s 112(1) deems them INDICTABLE — and they are therefore triable summarily under CPA s 28(1)(b). Sections 37 and 123 are level 7, so s 112(2) makes them SUMMARY offences. That also explains their absence from CPA Schedule 2: the level-6 offences do not need to be listed. Section 125A(4)'s reference to a jury is consistent with, and confirms, the indictable classification.
| Section | Offence | Brief elements | Triable summarily? | Maximum penalty | Standard sentence / minimum NPP / mandatory sentencing | Serious offender, registration & other consequences |
|---|---|---|---|---|---|---|
| FVPA s 37 | Contravention of a family violence safety notice | (1) A has been served with an FVSN and has had it explained under s 35; (2) A contravenes the notice. Extraterritorial: s 37(2A)–(2B). Defence s 37(3): a concurrent FVIO with which the conduct complied. s 37(4): a pre-existing recognised DVO is not a defence. | Summary (level 7, 2 years) — Magistrates' Court. | Level 7 — 2 years and/or 240 penalty units | No standard sentence. No mandatory sentencing. | Foundation conduct for s 125A persistent contravention. Arrest without warrant: FVPA s 38. |
| FVPA s 37A | Contravention of an FVSN intending to cause harm or fear for safety | As for s 37, plus A contravenes the notice intending to cause, or knowing the conduct will probably cause, © physical or mental harm (includes psychological harm and suicidal thoughts) to the protected person, including self-harm; or (d) apprehension or fear for that person's or another's safety. | Yes — level 6; triable summarily on the s 28(1)(b) analysis. | Level 6 — 5 years and/or 600 penalty units | No standard sentence. No mandatory sentencing. | Not in SA Sch 1. Defences mirror s 37(3)–(4). |
| FVPA s 123 | Contravention of a family violence intervention order | (1) A is the respondent to an FVIO and has been served with a copy or has had it explained under s 57(1), 60G(1) or 96(1); (2) A contravenes the order. Extraterritorial: s 123(2A)–(2B). Defences: s 123(3) concurrent FVSN not contravened; s 123(4) recognised DVO conflict. | Summary (level 7, 2 years) — Magistrates' Court. | Level 7 — 2 years and/or 240 penalty units | No standard sentence. No mandatory sentencing. | Service or explanation is an element. Conduct predating service cannot contravene — a standing exam trap. Children under 12 cannot offend (Youth Justice Act 2024 s 10). Arrest without warrant: s 124. |
| FVPA s 123A | Contravention of an FVIO intending to cause harm or fear for safety | As for s 123, plus A contravenes the order intending to cause, or knowing the conduct will probably cause, © physical or mental harm (s 123A(1): includes psychological harm and suicidal thoughts) to the protected person, including self-harm; or (d) apprehension or fear for that person's or another's safety. | Yes — level 6; triable summarily on the s 28(1)(b) analysis. | Level 6 — 5 years and/or 600 penalty units | No standard sentence. No mandatory sentencing. | Not in SA Sch 1. The aggravated FV contravention charge — the mental element is the contest. |
| FVPA s 125A | Persistent contravention of notices and orders | (1) A must not persistently contravene an FVSN or FVIO. s 125A(2): prove (a) conduct constituting an offence against s 37 or s 123; and (b) on at least 2 other occasions within the 28 days immediately preceding that conduct, conduct constituting an offence against s 37 or s 123 in relation to the same protected person, the same notice/order, or a notice and the order made on it; and © on each occasion A knew or ought to have known the conduct was a contravention. Defences under ss 37(3)/123(3) apply (s 125A(3)). | Yes — level 6; s 125A(4) refers to trial by jury, so the offence is indictable and triable summarily under CPA s 28(1)(b). | Level 6 — 5 years and/or 600 penalty units | No standard sentence. No mandatory sentencing. | s 125A(4): statutory alternative verdict of the underlying s 37 or s 123 offence. s 125A(5): double-jeopardy bar — a person convicted or acquitted under s 125A cannot later be prosecuted for a s 37, 37A, 123 or 123A offence in respect of those circumstances or that 28-day period. Charge duplication with ss 123/123A must be identified. |
6 — Commonwealth carriage-service offences commonly charged alongside¶
| Section | Offence | Brief elements | Triable summarily? | Maximum penalty | Standard sentence / minimum NPP / mandatory sentencing | Serious offender, registration & other consequences |
|---|---|---|---|---|---|---|
| Cth Code s 474.17 | Using a carriage service to menace, harass or cause offence | A uses a carriage service in a way (or for a purpose) that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive. Fault: recklessness as to that circumstance (Criminal Code s 5.6(2)). | Yes — Crimes Act 1914 (Cth) s 4J: an offence punishable by ≤10 years may be dealt with summarily with the consent of the prosecutor and the defendant. | 5 years | No Victorian standard sentence (State scheme does not apply). Sentencing governed by Crimes Act 1914 (Cth) Pt IB, ss 16A, 17A, 19AB. | No SA Sch 1 or SORA consequences. Beware the same-conduct overlap with Crimes Act s 21A stalking and FVPA ss 123/125A — identify duplication and totality. |
| Cth Code s 474.15 | Using a carriage service to make a threat | (1) threat to kill another person, intending the recipient to fear the threat will be carried out — 10 years. (2) threat to cause serious harm, with the same intention — 7 years. Fear need not actually be caused (s 474.15(3)). | Yes — Crimes Act 1914 (Cth) s 4J (≤10 years). | s 474.15(1): 10 years; s 474.15(2): 7 years | Commonwealth sentencing regime (Pt IB Crimes Act 1914). | Frequently a duplicate of Crimes Act ss 20/21 where the threat was sent electronically — elect one. |
| Cth Code s 474.17AA | Aggravated offence — using a carriage service to menace, harass or cause offence (private sexual material) | A commits an offence against s 474.17(1) and the conduct involved transmitting, making available, publishing, distributing, advertising or promoting material that is private sexual material (s 474.17AA(1)). Absolute liability applies to the aggravating circumstance in the manner set out in the section; the underlying s 474.17 offence remains available as an alternative verdict. | Yes — Crimes Act 1914 (Cth) s 4J (≤10 years). | 7 years | Commonwealth sentencing regime (Crimes Act 1914 (Cth) Pt IB). | The image-based abuse charge that routinely accompanies FV stalking. Check the overlap with Crimes Act 1958 (Vic) ss 53R–53S. |
Indictable or summary? Crimes Act 1958 (Vic) s 2B: "Offences under this Act are, unless the contrary intention appears, deemed to be indictable offences." That is the source of indictable status for ss 34AD and 34AE, which (unlike ss 16-24 and 31) do not themselves say "is guilty of an indictable offence". For offences in other Acts, Sentencing Act s 112(1) deems an offence described as level 1-6, or punishable by level 1-6 imprisonment or fine, to be indictable unless a contrary intention appears; s 112(2) makes any other such offence summary. Section 112 expressly excludes the Crimes Act 1958 and the Wrongs Act 1958. s 112(3): where an offence is punishable in more than one way, s 112(1) applies even if only one of those ways is a level 1-6 penalty.
Summary jurisdiction. CPA s 28(1) has two gateways: (a) the offence is listed in CPA Schedule 2; or (b) the offence is an indictable offence described as a level 5 or level 6 offence, or punishable by level 5 or level 6 imprisonment or fine, or by imprisonment not exceeding 10 years or a fine not exceeding 1200 penalty units - unless a contrary intention appears. CPA s 28(2): where an offence is punishable in more than one way, all of those ways must fall within s 28(1) for it to apply. In every case s 29 must also be satisfied. Neither s 34AD nor s 34AE appears in Schedule 2; both qualify under gateway (b) alone. Absence from Schedule 2 is therefore not a reason to say an offence cannot go summarily - only ss 15A (level 2), 15B (level 3) and 16 (level 3) fall outside both routes, and s 17 (level 4) reaches summary jurisdiction only through Schedule 2 item 4.1.
Standard sentences - the scheme is narrower than the offence list but wider than "murder plus sexual offences". Under SA s 5A a standard sentence exists only where the Act creating the offence, or prescribing its maximum, specifies one; there is no schedule. A full-text search of the Victorian consolidated Acts returns 13 standard sentence offences: Crimes Act ss 3 (murder - 30 years where the victim was an emergency worker, custodial officer or youth justice custodial worker on duty, otherwise 25), 5B (homicide by firearm - 13), 38 (rape - 10), 49A, 49B, 49D, 49F, 49H, 49J, 50C, 50D, 318(1A) (culpable driving causing death - 8); and Drugs, Poisons and Controlled Substances Act 1981 s 71(2) (trafficking, large commercial quantity - 16). Section 39 (rape by compelling sexual penetration) is NOT a standard sentence offence - a common error. None of the offences in this charge list carries a standard sentence. SA s 5B(1)(b) also disapplies the scheme where the offence is heard and determined summarily, and s 5B(1)(a) where the offender was under 18 at the time.
Minimum non-parole periods - three statutory sources only. (1) SA s 10(1): for ss 15A and 15B, a term of imprisonment plus a non-parole period of not less than 4 years unless a s 10A special reason is found; s 10(2) excludes offenders to whose sentencing s 10AA(1) applies, persons involved in the commission of the offence within Crimes Act s 323(1)(a) or (b), and persons under 18 at the time. (2) SA s 10AA(1) Table 1: s 15A 5 years, s 15B 5 years, s 16 3 years, s 17 2 years. (3) SA s 10AA(4): for s 18, a mandatory term of imprisonment of not less than 6 months. The s 10AA provisions apply only where the victim was an emergency worker, custodial officer or youth justice custodial worker on duty and the court is satisfied beyond reasonable doubt of both the victim's status and the offender's knowledge or recklessness as to it (s 10AA(5)); s 10AA(6) excludes offenders of minor involvement and those under 18. s 10AA(2) Table 2 permits a youth justice centre order instead, of not less than 3 years (s 16), 2 years (s 17) or 6 months (s 18). SA s 11A (60-70% minimum non-parole periods) engages only where s 5B applied - that is, only for standard sentence offences. No non-fatal strangulation offence, and no FVPA offence, attracts any of these.
Serious offender status. SA Part 2A applies only to offences in SA Schedule 1. Clause 2 (violent offences) covers murder, manslaughter, child homicide, homicide by firearm, Crimes Act ss 15A, 15B, 16, 17, 20, 21 and 63A, several repealed provisions (including, tellingly, the repealed s 20 offence of "attempting to choke, etc, in order to commit an indictable offence" - cl 2(d)(iii)), common law kidnapping, conspiracy/incitement/attempt to commit any of them, and an elements-based catch-all. Clause 3 (serious violent offences) covers murder, ss 15A, 15B, 16 and 20, repealed provisions, conspiracy/incitement/attempt and the same catch-all; s 17 was removed from cl 3 by No 17/2015 s 4(3). Sections 18, 22, 23, 24, 21A, 31, 34AD, 34AE and every FVPA offence are absent from both clauses, so ss 6D (community protection as the principal purpose, disproportionate sentence permitted) and 6E (default cumulation) do not apply to them.
Registration - state the position precisely. There is no "serious violence offender register" in Victoria. The Sex Offenders Registration Act 2004 (Vic) imposes automatic registration only for Class 1 and Class 2 offences (SORA Schedules 1 and 2); Schedules 3 and 4 define Class 3 and Class 4 offences. None of the offences in this list appears in any of those four Schedules. But do not say "not registrable" without qualification: under SORA s 11(1) a court may order a person found guilty of any offence committed as an adult that is not a Class 1 or Class 2 offence to comply with the reporting obligations, if satisfied beyond reasonable doubt (s 11(3)) that the person poses a risk to the sexual safety of one or more persons or the community; the prosecution must apply within 45 days of sentence (s 11(6)); s 11(2) is wider again for offences committed as a child. A sexually-motivated s 34AE strangulation could in principle attract such an order. Separately, the post-sentence supervision scheme under the Serious Offenders Act 2018 (Vic) applies to serious sex offenders and serious violent offenders as defined in that Act, and SA s 5(2BC) and s 5(2BD) prohibit a sentencing court from having regard to SORA consequences or to the possibility of a Serious Offenders Act application. A final FVIO makes the respondent a prohibited person under the Firearms Act 1996 (Vic).
Category 1 and category 2 offences both require that the offender was 18 years of age or more at the time of the commission of the offence (SA s 3, opening words of each definition).
Magistrates' Court sentencing limits. SA s 113A: a summary offence otherwise punishable by more than 2 years is capped at 2 years. SA s 113B: cumulative sentences in the Magistrates' Court must not exceed 5 years in the whole, unless that term is expressly provided by an Act. SA s 112A: the maximum fine on a summary hearing of an indictable offence is 500 penalty units, subject to contrary intention in another Act.
Commencement dates to date-check on every charge: 1 July 2013 (s 15 definitions substituted, No 6/2013); 13 October 2024 (ss 34AB-34AK, No 37/2023); 10 December 2025 (s 15A raised to 25 years and s 15B to 20 years - No 54/2025; s 31(1)(bb) customer-facing workers - No 52/2025); 11 February 2026 (s 425 alternative verdicts, No 1/2026 ss 68-70); 16 March 2026 (No 52/2025 ss 4-6); 26 April 2026 (s 21A substituted, No 1/2026 s 67, with the Crimes Act s 641(2) straddle rule inserted by No 1/2026 s 69 - an offence alleged to have been committed between two dates, one before and one on or after the commencement day, is alleged to have been committed before that day).
32 chargeable offence provisions across six groups (34 chargeable offences counting the intentional and reckless limbs of s 18 and the two limbs of s 474.15 separately), plus 7 definitional, interpretive and defence provisions in Crimes Act Subdivision (4A). Verified provision-by-provision against AustLII on 18 August 2026, including an adversarial second pass.