3.2 Summary and Indictable Offences

Question 1

Summary Offence

Oxford Def.

Answer 1

a minor offence generally heard in the Magistrates’ Court

Question 2

Summary Offence

SOK

Answer 2

Are the least serious offences. Tye are heard in the Magistrates’ Court, which is the lowest court in the Victorian state hierarchy; and, under the current jurisdiction of the Magistrates’ Court, can be punished by no more than 2 years for a single offence, or five years total for multiple offences heard at the same time.

Summary Offences Act 1966 (Vic)

Question 3

Indictable Offence

Oxford Def.

Answer 3

a serious offence generally heard before a judge and a jury in the County Court or Supreme Court of Victoria

Question 4

Indictable Offence

SOK

Answer 4

Are the more serious offences, although they can be further divided into minor indictable offences and serious indictable offences. They are heard in the County Court and the Supreme Court (Trial Division), which are the higher two of the three state courts. Under the current jurisdiction of the County and Supreme Courts, indictable offences can be punished by unlimited sanctions - the act of parliament that provides for the offence will therefore state the range of consequences the courts can give for that particular offence.

Crimes Act 1968 (Vic)

Question 5

Committal Proceeding

Answer 5

the pre-trial hearings and processes held in the Magistrates’ Court for indictable offences

Question 6

Committal Hearing

Answer 6

a court hearing that is held as part of the committal proceeding in the Magistrates’ Court. At a committal hearing, the magistrate will decide whether there is sufficient evidence to support a conviction for the offence charged

Question 7

Indictable Offence Heard and Determined Summarily

Answer 7

a serious offence that is dealt with as a summary offence if the court and the accused agree.

Question 8

What are the Purposes of Committal Hearings

Answer 8

• Ensure only cases of sufficient evidence go through (double jeopardy)
• Finding out accused’s intentions to plead
• Appropriateness of charge (suitable for summary or not)
• Ensure fairness (disclosure of documents)
• Gives accused opportunity to put forward a case and examine witnesses
• inform the accused of the case against them
• improve efficiency
• Timely collection of evidence

Question 9

What are the requirements to hear an indictable case summarily

Answer 9

• The offence must be punishable by less than 10 years imprisonment / 1200 penalty unit
• the accused and court has consented

Consent of statute, consent of court, consent of accused (though not guilty plea)

Question 10

What are the benefits of hearing an indictable case summarily?

Answer 10

• Magistrates’ Court can only impose max 2 year sentence, or 5 for multiple offences
• quicker, cheaper