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The Violent Crime and Law Enforcement Act of 1994

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<strong>The</strong> Australian Capital Territory, Queensl<strong>and</strong>, <strong>and</strong> Victoria<br />

<strong>The</strong> Sentencing <strong>Act</strong> 2005 (ACT), the Dangerous Prisoners (Sexual Offenders) <strong>Act</strong><br />

2003 (Qld), <strong>and</strong> the Sentencing <strong>Act</strong> 1991 (Vic) govern habitual <strong>of</strong>fenders. An <strong>of</strong>fender<br />

can be incarcerated indeterminately if there is a high probability, given the <strong>of</strong>fender's<br />

character, the nature <strong>of</strong> their <strong>of</strong>fense, psychiatric evidence as to the dangerousness <strong>of</strong><br />

the defendant, <strong>and</strong> any other relevant circumstances, that the <strong>of</strong>fender poses a serious<br />

threat to the community. <strong>The</strong> indeterminate sentence(s) must be reviewed by the court<br />

when the nominal sentence (the minimum term the <strong>of</strong>fender would have been required<br />

to serve if they were not dangerous) has expired, <strong>and</strong> every three years after.<br />

<strong>The</strong> minimum nominal sentence that can be imposed is ten years, but the sentencing<br />

judge can extend this if they believe that the prisoner's criminal history <strong>and</strong>/or the nature<br />

<strong>of</strong> the prisoner's <strong>of</strong>fending warrants it.<br />

<strong>The</strong> longest nominal sentence on sentence(s) <strong>of</strong> indeterminate imprisonment is 30<br />

years, currently being served by serial pedophile Ge<strong>of</strong>frey Robert Dobbs (Queensl<strong>and</strong>),<br />

who pleaded guilty to 124 sex <strong>of</strong>fences <strong>and</strong> one count <strong>of</strong> attempting to pervert the<br />

course <strong>of</strong> justice committed against 63 girls aged between one month <strong>and</strong> 15 years<br />

(including five family members) under his care as a teacher <strong>and</strong> youth leader from 1972<br />

to 2000.<br />

Canada<br />

In Canada, the Habitual Offender <strong>Act</strong> in Canada dealt with multiple <strong>of</strong>fenders. <strong>The</strong> law<br />

was repealed after a <strong>Law</strong> Commission Report <strong>of</strong> 1969 found it to be erratically applied<br />

<strong>and</strong> was <strong>of</strong>ten used against non-violent <strong>and</strong> non-dangerous <strong>of</strong>fenders. In 1977, Part<br />

XXIV <strong>of</strong> the Criminal Code was enacted for habitual <strong>of</strong>fenders, providing for<br />

indeterminate or determinate sentences for <strong>of</strong>fenders found to be dangerous who would<br />

be eligible for parole after three years <strong>and</strong> has the authority to extend such<br />

indeterminate non-parole period at any time.<br />

China<br />

On 1930, the town <strong>of</strong> Guangzhou enacted a m<strong>and</strong>atory death penalty for those<br />

<strong>of</strong>fenders who received their third conviction.<br />

France<br />

From 2007 to 2014, France had peines planchers (literally "floor sentences"), which set<br />

a minimum floor to the sentences <strong>of</strong> recidivist <strong>of</strong>fenders.<br />

Enacted under President Nicolas Sarkozy, they were repealed under his<br />

successor François Holl<strong>and</strong>e, which made this point a part <strong>of</strong> his platform.<br />

Page 74 <strong>of</strong> 190

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