Crimes Act 1958 - Victorian Legislation and Parliamentary Documents

Version No. 203
Crimes Act 1958 No. 6231 of 1958 Version incorporating amendments as at 5 December 2008
table of provisions
Section Page 1 Short title and commencement 1
2 Repeals and savings 2
2A Definitions 3
2B Offences under this Act deemed to be indictable offences 4 Part I-Offences 5 Division 1-Offences against the person 5 (1) Homicide 5 3 Punishment for murder 5
3A Unintentional killing in the course or furtherance of a crime of
violence 5
3B Provocation no longer a partial defence to murder 6
4 Alternative verdict of defensive homicide on charge for murder 6
5 Punishment of manslaughter 6
5A Child homicide 7
6 Infanticide 7
6A Suicide no longer a crime 7
6B Survivor of suicide pact who kills deceased party is guilty of
manslaughter 8
7 Repealed 9
8 Petit treason 9
9 Provision for trial for murder or manslaughter in Victoria where
death or cause of death only happens in Victoria 10
9AA Abolition of year-and-a-day rule 10 (1AA) Exceptions to homicide offences 11 9AB Definitions and application of Subdivision 11
9AC Murder-"self-defence" 11
9AD Defensive homicide 12
9AE Manslaughter-"self-defence" 12
9AF Self-defence exceptions do not apply in the case of lawful conduct 13
9AG Duress 13
9AH Family violence 14
9AI Sudden or extraordinary emergency 17
9AJ Intoxication 18 (1A) Treasonable offences 19 9A Treason 19 (2), (3) Repealed 22 10-14 Repealed 22 (4) Offences against the person 22 15 Definitions 22
16 Causing serious injury intentionally 25
17 Causing serious injury recklessly 26
18 Causing injury intentionally or recklessly 26
19 Offence to administer certain substances 26
19A Intentionally causing a very serious disease 27
20 Threats to kill 28
21 Threats to inflict serious injury 28
21A Stalking 28
22 Conduct endangering life 32
23 Conduct endangering persons 32
24 Negligently causing serious injury 32
25 Setting traps etc. to kill 33
26 Setting traps etc. to cause serious injury 33
27 Extortion with threat to kill 33
28 Extortion with threat to destroy property etc. 34
29 Using firearm to resist arrest etc. 34
30 Threatening injury to prevent arrest 35
31 Assaults 35
31A Use of firearms in the commission of offences 37
31B Being armed with criminal intent 37
32 Offence to perform female genital mutilation 38
33 Offence to take a person from the State with the intention of having
prohibited female genital mutilation performed 38
34 Consent not a defence to a charge under sections 32 or 33 39
34A Exceptions to offences under section 32 39 (5) Corpses 40 34B Offence to interfere with corpse of a human being 40 (6), (7) Repealed 41
(8) Sexual offences (general provisions) 42 35 Definitions 42
36 Meaning of consent 44
37 Jury directions 44
37AAA Jury directions on consent 45
37AA Jury directions on the accused's awareness 46
37A Objectives of Subdivisions 8A to 8G 46
37B Guiding principles 47 (8A) Rape and indecent assault 47 38 Rape 48
38A Compelling sexual penetration 49
39 Indecent assault 50
40 Assault with intent to rape 51
41-43 Repealed 47 (8B) Incest 51 44 Incest 51 (8C) Sexual offences against children 53 45 Sexual penetration of child under the age of 16 53
46 Repealed 56
47 Indecent act with child under the age of 16 56
47A Persistent sexual abuse of child under the age of 16 57
48 Sexual penetration of 16 or 17 year old child 58
49 Indecent act with 16 or 17 year old child 60
49A Facilitating sexual offences against children 61 (8D) Sexual offences against persons with a cognitive impairment 62 50 Definitions 62
51 Sexual offences against persons with a cognitive impairment
by providers of medical or therapeutic services 64
52 Sexual offences against persons with a cognitive impairment
by providers of special programs 65 (8E) Other sexual offences 67 53 Administration of drugs etc. 67
54 Occupier etc. permitting unlawful sexual penetration 67
55 Abduction or detention 68
56 Abduction of child under the age of 16 68
57 Procuring sexual penetration by threats or fraud 69
58 Procuring sexual penetration of a child 69
59 Bestiality 71
60 Repealed 72
60A Sexual offence while armed with an offensive weapon 72
(8EAA) Sexual servitude 73 60AB Sexual servitude 73
60AC Aggravated sexual servitude 75
60AD Deceptive recruiting for commercial sexual services 76
60AE Aggravated deceptive recruiting for commercial sexual services 76 (8EA) Loitering by sexual offender 77 60B Loitering near schools etc. 77 (8F) Jury warnings 80 61 Jury warnings 80 (8G) Abrogation of obsolete rules of law 82 62 Abrogation of obsolete rules of law 82 (9) Child stealing 83 63 Child stealing 83 (9A) Kidnapping 84 63A Kidnapping 84 (10) Bigamy 84 64 Bigamy 84 (11) Attempts to procure abortion 85 65 Abortion performed by unqualified person 85
66 Abortion-Abolition of common law offences 86 (12) Concealing the birth of a child 86 67 Concealing birth of a child 86 (13) Child pornography 86 67A Definitions 87
68 Production of child pornography 88
69 Procurement etc. of minor for child pornography 89
70 Possession of child pornography 90
70AA Forfeiture 92 (14) Sexual performances involving a minor 94 70AB Definitions 94
70AC Sexual performance involving a minor 94 Division 1A-Piracy 95 70A Piracy with violence 95
70B Piratical acts 96
70C Trading etc. with pirates 97
70D Being found on board piratical vessel and unable to prove non-
complicity 98 Division 2-Theft and similar or associated offences 98 71 Definitions 98
72 Basic definition of theft 99
73 Further explanation of theft 99 Theft, robbery, burglary, &c. 103 74 Theft 103
74A Shop theft 104
75 Robbery 105
75A Armed robbery 105
76 Burglary 106
77 Aggravated burglary 107
78 Removal of articles from places open to the public 108
79 Repealed 109
80 Unlawfully taking control of an aircraft 109 Fraud and blackmail 110 80A Extra-territorial offences 110
81 Obtaining property by deception 111
82 Obtaining financial advantage by deception 112
83 False accounting 113
83A Falsification of documents 114
83B Abolition of common law offences of forgery and uttering 119
84 Liability of company officers for certain offences by company 119
85 False statements by company directors etc. 120
86 Suppression etc. of documents 121
87 Blackmail 122 Offences relating to goods stolen, &c. 123 88 Handling stolen goods 123
88A Alternative counts of theft and handling stolen goods 124
89 Advertising rewards for return of goods stolen or lost 124
90 Scope of offences relating to stolen goods 125 Possession of housebreaking implements, &c. 126 91 Going equipped for stealing etc. 126
92 Search for stolen goods 127
93 Procedure and evidence 128
94 Repealed 129 General and consequential provisions 129 95 Husband and wife 129
96-174 Repealed 130 Secret commissions prohibition 130 175 Definitions 130
176 Receipt or solicitation of secret commission by an agent an
indictable offence 133
177 Secret gifts to parent, wife, child, partner etc. of agent
deemed gifts to agent 134
178 Giving or receiving false or misleading receipt or account
an indictable offence 135
179 Gift or receipt of secret commission in return for advice given
135
180 Secret commission to trustee in return for substituted appointment
137
181 Aiding and abetting offences within or outside Victoria 138
182 Liability of directors etc. acting without authority 139
183 Repealed 139
184 Protection of witness giving answers criminating himself 139
185 Stay of proceedings against such witness 140
186 Custom of itself no defence 140 Fraudulently inducing persons to invest 141 187-190 Repealed 141
191 Fraudulently inducing persons to invest money 141
192 Evidence of financial position of company 144 Division 2A-Money laundering etc. 144 193 Definitions 144
194 Dealing with proceeds of crime 146
195 Dealing with property suspected of being proceeds of crime 146
195A Dealing with property which subsequently becomes an instrument of
crime 147 Division 3-Criminal damage to property 148 (1) General offences and procedural provisions 148 196 Definition 148
197 Destroying or damaging property 149
197A Arson causing death 151
198 Threats to destroy or damage property 151
199 Possessing anything with intent to destroy or damage property 151
200 Repealed 152
201 Lawful excuse 152
201A Intentionally or recklessly causing a bushfire 154
202 Jurisdiction of magistrates' courts 155
203-205 Repealed 155 (2) Injuries to buildings &c. by rioters and forcible entries and
detainers 156 206 Rioters demolishing buildings 156
207 Forcible entry 157
208-224 Repealed 158 (3) Interference with mines, sea banks &c., railways and navigation aids
159 225 Conveying water into a mine 159
226, 227 Repealed 159
228 Removing etc. piles of sea banks 160
229-231 Repealed 160
232 Placing things on railways to obstruct or overturn engine etc.