The above provisions deal with sentencing for offences against Victorian law. These penalties do not generally apply to defendants sentenced for offences against Commonwealth law.
The penalties applicable to Commonwealth offences can be found in the section creating the A criminal act prohibited by state or commonwealth criminal law. An offence is either a summary offence (minor) or an indictable offence (serious). or in a general provision in the A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. itself. For example, conviction for a social Money or property promised to be handed over as a guarantee for repayment of a loan, or as a guarantee that a defendant will meet their bail conditions. An intentionally dishonest act, or lack of action, done to deceive someone and bring some advantage over those who have been deceived. offence involves imprisonment or a fine if the matter is dealt with in the Magistrates’ An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate..
However, there are some penalties in the Crimes Act 1914 (Cth) (‘Crimes Act (Cth)’) that direct courts to penalties capable of general application to all Commonwealth offences. For example, non-conviction orders (i.e. adjournments with bonds) for Commonwealth offences may be made under section 19B of the Crimes Act (Cth).
Section 20 of the Crimes Act (Cth) contains a provision similar to the adjourned undertakings option available to magistrates for state offences, in that a A person who has been charged with a criminal offence or against whom a civil action has been brought. may be released after being convicted, subject to conditions and undertakings. A Magistrates’ Court, when sentencing a defendant convicted of a Commonwealth offence, is able to impose a CCO (s 20AB).
Unlike defendants against state law, defendants against Commonwealth law who receive a fine or CCO must receive a conviction.