MLL218 Study Guide - Final Guide: Crimes Act 1958, Indictable Offence, Summary Offence
24 May 2018
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1d Classification of crimes and courts
SUMMARY V INDICTABLE OFFENCES
• Summary offences are of a less serious nature and may include:
o Some traffic offences (eg drink driving)
o Minor assaults
o Property damage
o Offensive behaviour
• Some offences can be heard ex parte (without accused)
• Indictable offences are more serious and are first heard in the M for a committal
hearing. Examples:
o Theft
o Rape
o Burglary
o Manslaughter
o Murder (SC)
o Treason (SC)
Certain indictable offences are known as serious indictable offences and carry a sentence of
five yeas’ ipisoet o oe. S325(6) Crimes Act 1958.
The significance of this category is that the police may only be able to exercise certain
powers in relation to a serious indictable offence but not otherwise, e.g. to enter private
premises in order to arrest a person without warrant. Because the offence is more serious,
it is thought appropriate that more intrusive investigatory powers are allowed.
DETERMINING WHICH IS WHICH
1. Statute creating offence may specify classification
2. Statute creating offence may specify that all the offences in the Act are either
indictable or summary
3. Under s 109 Sentencing Act 1991 the application penalty, if specified, will determine
the category + s 28 CP Act 2009 (Vic)
COMMONWEALTH – SUMMARY OR INDICTABLE?
1. A offee is suay if it is puishale y oths’ jail o less, o it is ot
punishable by imprisonment.
2. An offence is indictable if it is punishable by more than 12 months imprisonment.
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Document Summary
Summary v indictable offences: summary offences are of a less serious nature and may include, some traffic offences (eg drink driving, minor assaults, property damage, offensive behaviour, some offences can be heard ex parte (without accused) Indictable offences are more serious and are first heard in the m for a committal hearing. Examples: theft, rape, burglary, manslaughter, murder (sc, treason (sc) Certain indictable offences are known as serious indictable offences and carry a sentence of five yea(cid:396)s" i(cid:373)p(cid:396)iso(cid:374)(cid:373)e(cid:374)t o(cid:396) (cid:373)o(cid:396)e. s325(6) crimes act 1958. Because the offence is more serious, it is thought appropriate that more intrusive investigatory powers are allowed. Top bracket = indictable offence (heard in cc or sc) Bottom bracket = summary offence (heard in mc) Mag court = max 2 years or 5 years for multiple offences. Commonwealth: punishable by up to 10 years or is under ,000.
