Section 113A of the Sentencing Act 1991 (Vic) operates as a jurisdictional limit on the sentencing power of the County Court and Supreme Court when dealing with summary offences, not as a reduction of the maximum penalty prescribed for the offence. The five-year maximum penalty under s 22 of the Crimes (Family Violence) Act 1987 (Vic) for a subsequent breach of an intervention order remains the 'maximum penalty prescribed for the offence' for the purposes of s 5(2)(a) of the Sentencing Act 1991, even though the court's sentencing power is capped at two years. Section 359AA(3) of the Crimes Act 1958 confers power on a sentencing judge and does not restrict it.
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