Summary v Indictable Offences Common categories of Crime - Legal Studies 3C

Summary Offences  A less serious charge, such as stealing or drink driving. These cases are heard by a magistrate in the Magistrates’ Court, without a jury (Court of Petty Sessions). Summary offences are brought on a charge called a ‘summons’ and carry penalties of no greater than two years in prison.  Summary offences are principally contained in the Police Offences Act 1932, Traffic Act 1925, Poisons Act 1971, Public Health Act 1962, Local Government Act 1962, Road Safety (Alcohol and Drugs) Act 

Indictable Offences  Offences that society considers to be very serious, such as murder or sexual assault. These crimes are able to be heard before a judge and jury. These cases are usually heard in the Supreme Court.  Criminal Code Act 1924 contains the more serious offences such as murder, stealing, arson and rape.  An indictable crime is one for which the accused is entitled to a trial by judge and jury. With the consent of the defendant, some indictable crimes can be dealt with summarily by a magistrate sitting alone.

Indictable offence heard summarily  Some indictable offences can be heard as if they were summary offences. The accused can have their charge heard before the Magistrates’ Court or before a judge and jury.  Example: obtaining property by deception where the amount is less than $40,000, minor thefts, robbery and burglary when the value does not exceed $25,000, assault or intentionally or recklessly causing injury.

Comparison Summary OffencesIndictable Offences Definition Less seriousVery serious Where Magistrates’ CourtSupreme Court Process Summons to appear in court Preliminary proceeding first. If there is enough evidence, then a trial will occur Whom MagistrateJudge and jury Sanction Fines, community services No greater than two years in prison Fine, community services, prison (for life) Legislation Police Offences Act 1932 Traffic Act 1925 Criminal Code Act 1924 Example Traffic offence Serving alcohol underage Murder, rape, arson

Reading  Handout  Read textbook page 292, , 433  Using  Select a summary offence and write a paragraph on the offence, including the name of the legislation that you obtained the information from (short and long title) and the section of the act.  Select an indictable offence and write a paragraph on the offence, including the name of the legislation that you obtained the information from (short and long title) and the section of the act.  Search for a summary offence case and an indictable offence case on the internet (using the newspapers websites – i.e. The Mercury, The Examiner, The Age, Sydney Morning Herald etc.  Briefly summaries both cases, including the parties to the case, facts of the case, the crime committed (the offence), name of the court (if applicable), punishment/sentence (if applicable).