Login
Manslaughter by firearm penalties significantly increase
The Victorian Parliament has passed legislation to increase the maximum penalty around manslaughter, child homicide and workplace manslaughter charges.
Naomi Neilson
Under a proposed bill, the maximum penalty for manslaughter charges will increase from 20 years to 25 years’ imprisonment. The reform will also come with a new offence for any manslaughter charge committed by discharging a firearm, with 13 years’ imprisonment.
To continue reading the rest of this article, please log in.
Create free account to get unlimited news articles and more!
This offence is in response to cases where offenders are convicted of manslaughter only after they claimed they did not intend to discharge a firearm. The new offence will deliver on a commitment to the families and victims shot and killed by current or former partners.
Attorney-General Jill Hennessy said: “We have now increased the maximum sentence on manslaughter to ensure the range of sentencing available to courts appropriately reflects the broad range of culpability we see in these cases.”
The maximum penalty represents the sentence that would be imposed under the “worst” category instance of an offence, which accounts for the nature of the criminal conduct as well as the circumstances surrounding the offender’s deadly actions.
The standard sentence represented the sentence the government considers appropriate for an offence that falls in the middle of the range seriousness. It indicated that a sentence of more than 13 years should be imposed for serious offending.
“Thank you to the families who acted with dignity and determination in advocating for the new offence of homicide by firearm – the victims in these cases must not be forgotten,” Ms Hennessy said.
“By boosting the maximum penalties, we acknowledge the seriousness of these offences, and the ongoing trauma inflicted on family and loved ones.”
Courts will maintain their discretion to impose an appropriate sentence by considering the seriousness of a particular offence and culpability of the offender.
