Friday, April 24, 2026
Criminal Law Sentencing 

Vic Govt welcomes Sentencing Advisory Council report on gross violence offences

Robert Clark 1600 Views

The Victorian Coalition Government today welcomed the Sentencing Advisory Council’s (SAC) report on the introduction of statutory minimum sentences for gross violence offences.

In April this year, the Coalition Government requested the SAC’s advice on a number of matters, including various aspects of the implementation of the Coalition’s election commitment to introduce a four-year minimum jail term, subject to limited exceptional circumstances, for offenders who engage in attacks involving gross violence.

In particular, the SAC was asked to advise on:

  • the factors that should make an offence one of gross violence;
  • what exceptional circumstances should apply;
  • the likely effects of different options on sentencing levels and prison numbers; and
  • any other matters the SAC considered relevant.

The recommendations contained in the report by the SAC released today include:

  • creating two new offences, of intentionally and recklessly causing severe injury, which would attract the statutory minimum sentence;
  • applying those offences to circumstances where the offender:
    • plans in advance to engage in an attack intending to cause severe injury;
    • causes severe injury in company with two or more others, where both the offender and at least two others cause severe injury or act in concert with one another to do so;
    • plans in advance to carry and use a weapon in an attack and uses the weapon to inflict severe injury; or
    • continues to attack or cause injury to the victim after the victim is incapacitated.
  • including the new offences amongst those for which juveniles are tried in adult courts; and
  • referring to exceptional circumstances as “special reasons”, with a non-exclusive list of special reasons including:
    • intellectual disability or cognitive impairment;
    • mental illness;
    • particular psychosocial immaturity and/or particular vulnerability in custody; and
    • assistance by the accused to police or an undertaking to assist the Crown.

Attorney-General Robert Clark has welcomed the SAC report.

“The SAC has produced a comprehensive and thorough report which provides advice on many aspects of the detailed implementation of the Coalition’s election commitment,” Mr Clark said.

“The Coalition Government agrees with the SAC’s recommendations that the gross violence offences incurring a statutory minimum sentence should be separately defined, incorporating a higher threshold definition for the relevant injury and applying in specified circumstances.

“The Coalition Government also agrees with the SAC’s recommendation that the exceptional circumstances to apply to the offences be described as ‘special reasons’. The Coalition Government will give further consideration to the remainder of the SAC recommendations, including the particular special reasons proposed by the SAC,” Mr Clark said.

Legislation to establish the gross violence offences will be prepared for introduction into Parliament next year.

In order to allow time for consultation with all interested parties on the report’s recommendations relating to juvenile offenders, statutory minimum sentences for juvenile offenders will not be included in this initial legislation.