1.6 summary and indictable offences

Question 1

What act specifies summary offences?

Answer 1

Specified under the Summary Offences Act 1988 (NSW)

Question 2

Define summary offences

Answer 2

Less severe offences like theft that will be heard in lower-level courts by magistrate

Question 3

What are characteristics of a summary offence?

Answer 3

Less serious
Usually brought to court by police officer as opposed to public prosecutor
Includes strict liability offences
Usually have less serious consequences
E.g. fine, community service, lower jail time
Usually heard in Lower Courts by magistrate
Generally not heard by a jury

Question 4

What do summary offences include? (7 answers)

Answer 4

Traffic offences
Offensive behaviour –> language, exposure
Loitering by convicted child sex offenders
Prostitution
Minor drug offences
Unauthorized public assembly
Hunting on private land

Question 5

What act outlines indictable offences?

Answer 5

Specified under Criminal Procedure Act 1986 (NSW)

Question 6

Define indictable offences

Answer 6

More serious offences like murder that are heard in higher courts by judge/jury

Question 7

What are the characteristics for indictable offences? (5 answers)

Answer 7

More serious offences
Often heard in District Court and above
Magistrate will determine if prosecution has enough evidence to take case to trial
Can be heard before judge or jury
Usually brought forward by prosecution on behalf of state

Question 8

Accused might be able to choose to have the case be triable summarily which means can have indictable cases heard in Lower Court if they want. Reasons for this include what? (5 answers)

Answer 8

Resource efficient
Faster hearing
Less formality
Less cost
Possibility of reduced sentence -> limitations of Local Court

Question 9

Define Triable Summarily

Answer 9

Accused can have indictable cases heard in Lower Court if they want