1Short title and commencement
This Act may be cited as the Crimes Act 1958 and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
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This Act may be cited as the Crimes Act 1958 and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.
Except as in this Act expressly or by necessary implication provided—
all persons things and circumstances appointed or created by or under any of the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;
in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation rule order application determination decision validation offence disqualification warrant instrument presentment direction appointment action prosecution proceeding liability or right made effected issued granted committed given presented passed fixed accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.
S. 2(3) repealed by No. 8493 s. 33(b).
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S. 2A inserted by No. 7088 s. 2(a), amended by No. 9509 s. 4(a).
In this Act unless inconsistent with the context or subject-matter—
aircraft means every type of machine or structure used or intended to be used for navigation of the air;
S. 2A(1) def. of baseline sentence inserted by No. 52/2014 s. 11, repealed by No. 34/2017 s. 12.
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S. 2A(1) def. of brothel inserted by No. 9509 s. 4(b), repealed by No. 124/1986 s. 74(a).
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S. 2A(1) def. of drug of addiction inserted by No. 9509 s. 4(b), substituted by No. 9719 s. 135.
drug of addiction means a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981;
S. 2A(1) def. of incite inserted by No. 10079 s. 8(a), amended by No. 11/2025 s. 3.
incite includes, except in section 195N, command, request, propose, advise, encourage or authorize;
S. 2A(1) def. of Juries Commis-sioner inserted by No. 53/2000 s. 94(1).
Juries Commissioner has the same meaning as in the Juries Act 2000;
S. 2A(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 27.1), amended by No. 17/2014 s. 160(Sch. 2 item 28).
legal practitioner means an Australian lawyer;
S. 2A(1) def. of medicinal cannabis product inserted by No. 20/2016 s. 143, repealed by No. 34/2019 s. 45.
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S. 2A(1) def. of member of Victoria Police personnel inserted by No. 37/2014 s. 10(Sch. item 36.1(a)).
member of Victoria Police personnel has the same meaning as in the Victoria Police Act 2013;
S. 2A(1) def. of motor car inserted by No. 8338 s. 3, repealed by No. 127/1986 s. 102(Sch. 4 item 5.1).
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S. 2A(1) def. of motor vehicle inserted by No. 127/1986 s. 102(Sch. 4 item 5.1).
motor vehicle has the same meaning as in the Road Safety Act 1986;
S. 2A(1) def. of patient medicinal cannabis access authorisation inserted by No. 20/2016 s. 143, repealed by No. 34/2019 s. 45.
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S. 2A(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 36.1(a)).
police officer has the same meaning as in the Victoria Police Act 2013;
S. 2A(1) def. of prostitute, prostitution inserted by No. 9509 s. 4(c), repealed by No. 124/1986 s. 74(a).
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S. 2A(1) def. of protective services officer inserted by No. 43/2011 s. 14, substituted by No. 37/2014 s. 10(Sch. item 36.1(b)).
protective services officer has the same meaning as in the Victoria Police Act 2013;
S. 2A(1) def. of rape inserted by No. 9509 s. 4(c), repealed by No. 8/1991 s. 6(a).
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S. 2A(1) def. of standard sentence inserted by No. 34/2017 s. 24.
standard sentence, in relation to an offence, has the same meaning as in the Sentencing Act 1991.
S. 2A(1) def. of Taxing Master inserted by No. 24/2008 s. 77, repealed by No. 78/2008 s. 25(1).
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S. 2A(2)(3) inserted by No. 9509 s. 4(d), repealed by No. 8/1991 s. 6(b).
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S. 2B inserted by No. 51/1989 s. 143(a).
Offences under this Act are, unless the contrary intention appears, deemed to be indictable offences.
Homicide
S. 3 substituted by Nos 8679 s. 2, 37/1986 s. 8, amended by Nos 49/1991 s. 119(1) (Sch. 2 item 1(a)), 52/2014 s. 12 (ILA s. 39B(1)).
Notwithstanding any rule of law to the contrary, a person convicted of murder is liable to—
S. 3(1)(a) substituted by No. 49/1991 s. 119(1) (Sch. 2 item 1(b)), amended by No. 48/1997 s. 60(1)(Sch. 1 item 1).
level 1 imprisonment (life); or
S. 3(1)(b) amended by No. 49/1991 s. 119(1) (Sch. 2 item 1(c)).
imprisonment for such other term as is fixed by the court—
as the court determines.
Note to s. 3(1) inserted by No. 65/2016 s. 20(1), repealed by No. 34/2017 s. 25(1).
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S. 3(2) inserted by No. 52/2014 s. 12, substituted by No. 69/2014 s. 11, repealed by No. 34/2017 s. 13(1), new s. 3(2) inserted by No. 34/2017 s. 25(2).
The standard sentence for murder is—
30 years if the court, in determining sentence, is satisfied that the prosecution has proved beyond reasonable doubt that—
the person murdered was a custodial officer on duty or an emergency worker on duty; and
at the time of carrying out the conduct the accused knew or was reckless as to whether that person was a custodial officer or an emergency worker; and
in any other case, 25 years.
Notes
1 See sections 5A and 5B of the Sentencing Act 1991 as to standard sentences.
2 Murder is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.
S. 3(3) inserted by No. 69/2014 s. 11, repealed by No. 34/2017 s. 13(1), new s. 3(3) inserted by No. 34/2017 s. 25(2).
In subsection (2)(a) custodial officer on duty, custodial officer, emergency worker on duty and emergency worker have the same meanings as in section 10AA of the Sentencing Act 1991.
Note to s. 3 inserted by No. 69/2014 s. 11, repealed by No. 34/2017 s. 13(2).
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S. 3A inserted by No. 9576 s. 3(1).
S. 3A(1) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 2), 48/1997 s. 60(1)(Sch. 1 item 2(a)(b)).
A person who unintentionally causes the death of another person by an act of violence done in the course or furtherance of a crime the necessary elements of which include violence for which a person upon first conviction may, under or by virtue of any enactment, be sentenced to level 1 imprisonment (life) or to imprisonment for a term of 10 years or more shall be liable to be convicted of murder as though he had killed that person intentionally.
The rule of law known as the felony-murder rule (whereby a person who unintentionally causes the death of another by an act of violence done in the course or furtherance of a felony of violence is liable to be convicted of murder as though he had killed that person intentionally) is hereby abrogated.
S. 3B inserted by No. 77/2005 s. 3.
The rule of law that provocation reduces the crime of murder to manslaughter is abolished.
S. 4 amended by No. 9576 s. 11(1), repealed by No. 10079 s. 8(b), new s. 4 inserted by No. 77/2005 s. 4, repealed by No. 63/2014 s. 3(1).
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S. 4A inserted by No. 72/2014 s. 3.
This section applies to a single punch or strike that—
is delivered to any part of a person's head or neck; and
by itself causes an injury to the head or neck.
A single punch or strike is to be taken to be a dangerous act for the purposes of the law relating to manslaughter by an unlawful and dangerous act.
For the purposes of subsection (2), it is irrelevant that the single punch or strike is one of a series of punches or strikes.
A single punch or strike may be the cause of a person's death even if the injury from which the person dies is not the injury that the punch or strike itself caused to the person's head or neck but another injury resulting from an impact to the person's head or neck, or to another part of the person's body, caused by the punch or strike.
Example
If a person punches another person to the head, and that other person falls, hits their head on the road, and dies from the injury resulting from their head hitting the road, the punch may be the cause of their death.
Nothing in this section limits the circumstances in which a punch or strike may be an unlawful and dangerous act for the purposes of the law relating to manslaughter by an unlawful and dangerous act.
In this section—
injury has the same meaning as in Subdivision (4);
strike means a strike delivered with any part of the body.
Notes to s. 4A amended by No. 14/2015 s. 69(7)(8).
Notes
1 Under section 11 of the Jury Directions Act 2015, after the close of all evidence and before the closing address of the prosecution, defence counsel must inform the trial judge whether each element of the offence is or is not in issue, including—
• whether the punch or strike was a dangerous act; and
• whether the punch or strike caused the person's death.
2 Under section 12 of the Jury Directions Act 2015, the prosecution and defence counsel must each request that the trial judge give, or not give, to the jury particular directions in respect of the matters in issue, which may include—
• whether the punch or strike was a dangerous act; and
• whether the punch or strike caused the person's death.
No. 6103 s. 5.
S. 5 amended by Nos 49/1991 s. 119(1) (Sch. 2 item 3), 48/1997 s. 60(1)(Sch. 1 item 3), 65/2016 s. 20(2), 16/2020 s. 3.
Whosoever is convicted of manslaughter shall be liable to level 2 imprisonment (25 years maximum).
Notes to s. 5 inserted by No. 72/2014 s. 4, amended by No. 65/2016 s. 20(3)(4).
Notes
1 Manslaughter is a category 2 offence under the Sentencing Act 1991. See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.
2 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.
Note 3 to s. 5 repealed by No. 23/2020 s. 9.
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4 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.
S. 5A inserted by No. 7/2008 s. 3, amended by No. 16/2020 s. 4.
A person who, by his or her conduct, kills a child who is under the age of 6 years in circumstances that constitute manslaughter is guilty of child homicide and liable to level 2 imprisonment (25 years maximum).
Note to s. 5A inserted by No. 65/2016 s. 20(5).
Note
Child homicide is a category 2 offence under the Sentencing Act 1991. See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.
S. 5B inserted by No. 16/2020 s. 5.
A person who, by discharging a firearm, causes the death of another person in circumstances that constitute manslaughter is guilty of homicide by firearm and liable to level 2 imprisonment (25 years maximum).
The standard sentence for homicide by firearm is 13 years.
In this section—
discharge has the same meaning as in section 31C(4);
firearm has the same meaning as in the Firearms Act 1996.
Notes
1 See sections 5A and 5B of the Sentencing Act 1991 as to standard sentences.
2 Homicide by firearm is a category 2 offence under the Sentencing Act 1991. See section 5(2H) of that Act for the requirement to impose a custodial order unless the circumstances set out in paragraphs (a) to (e) of that section exist.
S. 5C inserted by No. 16/2020 s. 5.
Nothing in section 5A or 5B is to be taken to provide that conduct that constitutes any one of the following offences is, because it constitutes that offence, incapable of constituting another of those offences—
manslaughter;
child homicide;
homicide by firearm.
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