Schedule 1 and 2 Flashcards
Schedule 1 Offences (exceptional circs) - Part 1
- and conspiring to commit, inciting or attempting to commit any offence in this Sch.
(1) Treason
(2) Murder
(4) Aggravated home invasion (77B of Crimes Act)
(5) Aggravated carjacking (79A of Crimes Act)
(6) Any of the following Victorian drug offences (current)
(a) Trafficking in a large commercial quantity of DoD (s 71)
○ (b) / (ba) Trafficking in a commercial quantity of DoD for benefit/direction of criminal organisation (s 71AA)
○ (c) Cultivating a large commercial quantity of a narcotic plant
○ (d) Cultivating a commercial quantity of a narcotic plant
○ (e) conspiracy to commit any of the above
Schedule 1 Offences (exceptional circs) - Part 2 (Drugs)
● (7) Any of the following Vic drug offences under the old version of the Act:
○ (a) Traffick in not less than commercial quantity
○ (b) Cultivation in not less than commercial quantity
○ (c) conspiracy to commit any of the above
● Any of the following Cth offences:
○ (8)-(10)
■ Trafficking or manufacturing commercial and/or marketable quantities of controlled drugs;
■ Cultivating or selling commercial and/or marketable quantities of controlled plants
■ Importing and exporting commercial and/or marketable quantities of border controlled drugs or plants;
■ Possessing commercial and/or marketable quantities of unlawfully imported border controlled drugs or plants;
■ Possessing commercial and/or marketable quantities of border controlled drugs or plants reasonably suspected of having been unlawfully imported;
○ (11) An offence against s 4B(1) or 21W of the Terrorism (Community Protection Act)
○ (12) conspiracy to commit, incitement to commit or attempting to commit an offence referred to in any other item of this Schedule
Schedule 2 Offences (show compelling reasons unless s4AA(2) applies - Part 1: Violence offences
● (1) An indictable offence alleged to have been committed:
○ (a) While on bail for another indictable offence
○ (b) While subject to a summons to answer a charge for anor. Indict’le offence
○ (c) While at large awaiting trial for another indictable offence
○ (d) During the period of a CCO made in respect of the accused for another indictable offence or while serving a sentence for another indictable offence
○ (e) While on parole.
● (2) Manslaughter
● (3) Child homicide
● (3A) Homicide by firearm
● (4) CSI intentionally in circumstances of gross violence
● (5) CSI recklessly in circumstances of gross violence
● (6) CSI intentionally
● (7) Make threats to kill that are also a FV offence
● (8) Stalking in circumstances where:
○ (a) Accused has been convicted or FG of this offence within the preceding 10 years or another offence during which the accused used or threatened to use violence against any person; or
○ (b) Bail DM is satisfied that the accused on a separate occasion used or threatened to use violence against the person whom the accused is alleged to have stalked, regardless of whether the accused has been charged, convicted or found guilty.
Schedule 2 Offences (show compelling reasons unless s4AA(2) applies - Part 2 (sexual offences)
● (9) Rape
● (10) Rape by compelling sexual penetration
● (11) Assault with intent to commit a sexual offence
● (12) Abduction of detention for a sexual purpose
● (13) SP of a child under 12
● (14) SP of a child under 16 except if child victim was 12 or older and accused not more than 2 years older than the victim
● (15) Persistent sexual abuse of a child under 16
● (16) Abduction of detention of a child under 16 for a sexual purpose
● (17) Following incest provisions except where both people over 18:
○ (a) SP of a child or lineal descendent
○ (b) SP of a step-child
○ (c) SP of a parent, lineal ancestor or step-parent
○ (d) SP of a sibling or half sibling
Schedule 2 Offences (show compelling reasons unless s4AA(2) applies - Part 3
● (18), (20) Contravening a FV intervention order or safety notice or personal safety intervention order during which offending the accused is alleged to have used or threatened to use violence and:
○ (a) Within the preceding 10 years the accused has been convicted or FG of an offence during which they used or threatened to use violence against any person; or
○ (b) Bail DM is satisfied that the accused on a separate occasion used or threatened to use violence against the person who is the subject of the order or notice, regardless of whether the accused has been charged, convicted or found guilty.
● (19) Persistent contravention of FV notices and orders
● (21) Kidnapping
● (22) (aa) Discharging a firearm reckless to safety of police officer or PSO in circumstances where the offender’s conduct is alleged to have created a risk to the physical safety or the victim or to any member of the public
● (a) Armed robbery
● (b) Agg burg
● (c) Home invasion
● (d) Carjacking
● (e) Arson causing death
● (ea) Intentionally expose EW to risk by driving
● (eb) Agg offence of intentionally expose EW to risk by driving
● (ec) Recklessly expose EW to risk by driving
● (ed) Agg offence of recklessly expose EW to risk by driving
● (ee) Damaging an emergency service vehicle
● (f) Culpable driving causing death
● (g) Dangerous driving causing death or serious injury
● (h) Dangerous or negligent driving while pursued by police
● (23) Any indictable offence during course of which the accused, or any person involved in the commission of the offence, is alleged to have used or threatened to use a firearm, offensive weapon or explosive.
● (23A) Offence of common assault alleged to have occurred in circs referred to in s320A(1) or (2) of CA (basically uses weapon and involves police or PSO)
● (24) Any of the following Vic offences for drugs; (25)
○ (a) Traffick drug to a child
○ (b) Traffick DoD
○ (c) Cultivation of narcotic plants
○ (d) conspiracy of the above
● (30) An offence against this Act
● (28) Indictable offence alleged to have been committed while the accused is subject to an order under the Serious Offenders Act
● (29) An indictable offence and the accused, at any time during the proceeding with respect to bail, is the subject of a supervision order or interim SO within the meaning of the SOA.
Schedule 2 Offences (show compelling reasons unless s4AA(2) applies - Part 4 (Cth drug trafficking)
● (26)-(27) Any of the following Cth offences:
○ Trafficking or manufacturing commercial and/or marketable quantities of
controlled drugs.
○ Cultivating or selling commercial and/or marketable quantities of
controlled plants.
○ Pre-trafficking commercial quantities of controlled precursors.
○ Importing and exporting commercial quantities of border controlled
drugs or plants.
○ Importing and exporting marketable quantities of border controlled drugs
or plants.
○ Possessing commercial quantities of unlawfully imported border
controlled drugs or plants.
○ Possessing marketable quantities of unlawfully imported border
controlled drugs or plants.
○ Possessing commercial quantities of border controlled drugs or plants
reasonably suspected of having been unlawfully imported.
○ Possessing marketable quantities of border controlled drugs or plants
reasonably suspected of having been unlawfully imported.
○ Importing and exporting commercial quantities of border controlled
precursors.
○ Supplying marketable quantities of controlled drugs to children for trafficking.
○ Supplying controlled drugs to children for trafficking.
○ Procuring children for trafficking marketable quantities of controlled drugs.
○ Procuring children for trafficking controlled drugs.
○ Procuring children for pre-trafficking marketable quantities of controlled precursors.
○ Procuring children for pre-trafficking controlled precursors.
○ Procuring children for importing or exporting marketable quantities of border controlled drugs or plants.
○ Procuring children for importing or exporting border controlled drugs or plants.
○ Procuring children for importing or exporting marketable quantities of border controlled precursors.
○ Procuring children for importing or exporting border controlled precursors.
○ The assembling of two or more with the intent to import, smuggle, prevent the seizure of, or to rescue after seizure, a commercial or traffickable quantity of narcotic goods.
○ Being the master of a ship or the pilot of an aircraft and intentionally using that vessel, or allowing it to be used, in smuggling, importing or exporting a commercial or traffickable quantity of narcotic goods.
○ Possessing a commercial or trafficable quantity of narcotic goods on board a ship or aircraft, bringing or importing a commercial or traffickable quantity of narcotic goods into Australia, possessing or conveying a commercial or trafficable quantity of narcotic goods that have been unlawfully imported, or are reasonably suspected of having been unlawfully imported, into Australia, or failing to disclose to an officer on demand any knowledge concerning the importation or intended importation, or bringing or intended bringing of such a commercial or trafficable quantity of narcotic goods.
● (31) An offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in any other item of this Schedule.
