Immediate imprisonment

Immediate Imprisonment – The harshest penalty in Victoria is immediate imprisonment.

s.7 Sentence

1.     If a court finds a person guilty of an offence, it may, subject to any specific provision relating to the offence and subject to this Act—

2.     record a conviction and order that the offender serve a term of imprisonment

The maximum term that can be ordered in the Magistrates’ Court is two years.

The Court may order a non-parole period for terms of imprisonment of more than 12 months.  For life sentences or terms of imprisonment of 2 years or more the Court must fix a non-parole period.

s. 11 Fixing of non-parole period by sentencing court

1.     If a court sentences an offender to be imprisoned in respect of an offence for—

(a)       the term of his or her natural life; or

(b)       a term of 2 years or more—

the court must, as part of the sentence, fix a period during which the offender is not eligible to be released on parole unless it considers that the nature of the offence or the past history of the offender make the fixing of such a period inappropriate.

Talk to our criminal defence lawyers today!