In light of the forthcoming imposition of a mandatory 4 year sentence for adult offenders of violent assault crimes the Sentencing Advisory Committee has proposed a 2 year minimum detention sentence for youths aged 16 and 17 who commit gross violence offences.

The two-year minimum sentence of detention would apply regardless of whether the youth is sentenced in the Children’s Court or any other higher Victorian Court.

The circumstances which would make an assault a grossly violent offence would be that an offender

• Plans the attack on the victim with the intention of causing serious injury prior to effecting the attack.
• Carries out the attack as a member if a ‘gang’ consisting of 3 or more persons.
• Pre-plans to use a weapon in the attack and subsequently uses that weapon, deliberately or recklessly to cause serious injury to the victim.
• Continues to carry out the violent assault after the victim has been incapacitated.

The consequence of the proposed minimum detention period is that the youth will be detained and be ineligible for parole within that period of time.

If you have been the victim of a violent crime in Victoria contact: Victims of Crime Counselling & Compensation Services in Victoria on freecall 1800 000 055 or email: voccs@hotmail.com

About the author