LAW1114 Lecture Notes - Lecture 11: Dangerous Driving, Crimes Act 1958, Grievous Bodily Harm
TOPIC&7:HOMICIDE&
!
Categories*of*homicide*
(A) COMMON LAW HOMICIDE
Crimes Act 1958 (Vic)
Section 3: Punishment for murder
(1) Notwithstanding any rule of law to the contrary, a person convicted of murder is liable to—
(a) level 1 imprisonment (life); or
(b) imprisonment for such other term as is fixed by the court— as the court determines.
(2) The baseline sentence for murder is—
(a) (a) 30 years if the court, in determining sentence, is satisfied that the prosecution has proved beyond
reasonable doubt that—
(i) the person murdered was an emergency worker on duty; and
(ii) at the time of carrying out the conduct the accused knew or was reckless as to whether that person
was an emergency worker; and
(b) in any other case, 25 years.
(3) In subsection (2)(a)
emergency worker
on duty and
emergency worker
have the same meanings as
in section 10AA of the Sentencing Act 1991.
Note:
See section 5A of the Sentencing Act 1991 as to baseline sentences.
Crimes Act 1958 (Vic)
Section 5: Punishment of manslaughter
Whosoever is convicted of manslaughter shall be liable to level 3 imprisonment (20 years maximum) or to a
fine in addition to or without any such other punishment as aforesaid.
Notes:
1. Sections 9B and 9C of the Sentencing Act 1991 require that in certain circumstances, a term of
imprisonment be imposed for manslaughter and a non-parole period of not less than 10 years be fixed
under section 11 of that Act unless the court finds under section 10A of that Act that a special reason
exists.
2. If a court makes a finding under section 10A of the Sentencing Act 1991 that a special reason exists,
the requirements of section 9B or 9C of that Act do not apply and the court has full sentencing discretion.
3. Sections 9B and 9C of the Sentencing Act 1991 do not apply unless the DPP serves and files a notice
under section 9A of that Act.
(B) STATUTORY HOMICIDES
Crimes Act 1958 (Vic)
Section 318: Culpable driving causing death
(1) Any person who by the culpable driving of a motor vehicle causes the death of another person shall be
guilty of an indictable offence and shall be liable to level 3 imprisonment (20 years maximum) or a level 3
fine or both.
(1A) The baseline sentence for an offence under subsection (1) is 9 years.
Note:
See section 5A of the Sentencing Act 1991 as to baseline sentences.
(2) For the purposes of subsection (1) a person drives a motor vehicle culpably if he drives the motor
vehicle—
(a) recklessly, that is to say, if he consciously and unjustifiably disregards a substantial risk that the
death of another person or the infliction of grievous bodily harm upon another person may result
from his driving; or
(b) negligently, that is to say, if he fails unjustifiably and to a gross degree to observe the standard of
care which a reasonable man would have observed in all the circumstances of the case; or
(c) whilst under the influence of alcohol to such an extent as to be incapable of having proper control of
the motor vehicle; or
Document Summary
See section 5a of the sentencing act 1991 as to baseline sentences. Crimes act 1958 (vic) s e c tio n 5 : p u n is h m e n t o f m a n s la u g h te r. Whosoever is convicted of manslaughter shall be liable to level 3 imprisonment (20 years maximum) or to a fine in addition to or without any such other punishment as aforesaid. Crimes act 1958 (vic) s e c tio n 6 a : s u ic id e n o lo n g e r a c r im e. The rule of law whereby it is a crime for a person to commit or to attempt to commit suicide is hereby abrogated. Crimes act 1958 (vic) s e c tio n 4 6 3 b : p r e v e n tio n o f s u ic id e.
