Harsher Jail Terms for Murder by Firearm

Crimes Amendment (Manslaughter and Related Offences) Bill 2020

1st House

2nd House

Law

This Bill was sponsored by Jill Hennessy ( ALP )



Effects of Bill:

This bill being passed means that:

The penalty for Manslaughter is increased from 20 years maximum to 25 years maximum

The law has been revised to be clearer that a person can be charged with either Child Homicide or Manslaughter at the Prosecutions discretion; the prosecution should take circumstances into account

In cases where someone would have been charged with manslaughter for killing someone with a gun, they will now be charged with Homicide by Firearm. This includes juvenile offenders

Discharging a gun is now legally defined as anything that causes the gun to shoot, specifically including (for example) using an app to shoot from a drone

if a person shoots across the border and either the shooting or the resultant death occurs in Victoria, the person can still be charged and found guilty of Homicide by Firearm under Victorian law (this is consistent across offences)

It will require exceptional circumstances for a person charged with Homicide by Firearm to be granted bail

Homicide by Firearm must be heard by adult courts, not the children’s court; If a juvenile offender is involved there can sometimes be a joint committal hearing of the Children’s court with the Magistrates Court

Maximum Penalty for Workplace Manslaughter committed by an individual is now being upgraded to 25 years from 20. NB the wording of the original bill means this is likely to apply to a boss who is found to be negligent in enforcing safety rules, not necessarily the employee whose negligence caused the death

It is now specified that Workplace Manslaughter rules will only apply to offences that happen after the new rules take effect, and will not apply in cases where the incident resulting in death was before the new laws kicked in.

A person convicted of Homicide by Firearm can be slapped with an Alcohol Exclusion Order, which means for two years they may not enter anywhere alcohol is being served


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