Victorian Current Acts Victorian Current ActsS. 317AD(1) amended by No. 65/2017 s. 9(1).
(1) A person is guilty of the aggravated offence of intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving if the person commits an offence against section 317AC and any of the following apply—
(a) the motor vehicle driven by the person in the commission of the offence against section 317AC is stolen and the person knows that, or is reckless as to whether, the motor vehicle is stolen;
(b) the person commits the offence against section 317AC in connection with an offence committed by that person against section 317AG;
(c) the person commits the offence against section 317AC in connection with another indictable offence committed by that person, punishable by 10 years imprisonment or more.
(2) For the purposes of subsection (1)(b) and (c), the offences are connected if—
(a) there is a close connection in time; or
(b) there is a close connection in place; or
(c) in the case of subsection (1)(c), the purpose of the commission of the offence against section 317AC is to avoid apprehension for the other indictable offence.
S. 317AD(3) amended by No. 65/2017 s. 9(1).
(3) A person guilty of the aggravated offence of intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving is guilty of an indictable offence and liable to level 3 imprisonment (20 years maximum).
Notes to s. 317AD amended by Nos 65/2017 s. 9(2), 48/2018 s. 94, substituted by No. 23/2020 s. 18.
Notes
1 An offence against this section is a category 1 offence under the Sentencing Act 1991 if an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty was injured in the commission of the offence. See section 5(2G) and (2GA) of that Act for the requirement to impose a custodial order or other specified order for this offence if committed in those circumstances.
2 An offence against this section (other than a category 1 offence referred to in note 1) is a category 2 offence under the Sentencing Act 1991 . See section 5(2H) of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.
3 See section 10AE(1) of the Sentencing Act 1991 for the requirement that a term of imprisonment be imposed for an offence against section 317AD and that a non-parole period of not less than 2 years be fixed under section 11 of that Act if an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty was injured in the commission of the offence unless the court finds under section 10A of that Act that a special reason exists.
4 Section 16(3D) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for an offence against this section must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term.
S. 317AE (Heading) amended by No. 65/2017 s. 10.
S. 317AE inserted by No. 65/2017 s. 3.