Chapter 2E: Summary and Indictable Offences Flashcards
What is recklessly causing serious injury an example of?
An indictable offence which is triable summarily
How can we tell if a crime is an indictable offence?
It is listed in the Crimes or Wrongs Act of 1958, and comes from common law
If you commit an indictable offence, who will you be prosecuted by?
The Office of Public Prosecutions
If your case is to be heard in the County or Supreme Court, what is the effect on time and cost?
You will have to wait a lot longer for your case to be heard and it is a lot more expensive
If you are granted bail, where can you await your trial?
In the community
If you are not granted bail, where do you await your trial?
You have to wait in custody before the trial, known as remand
If you plead guilty, what does that entitle?
You will go straight to sentencing by a judge and usually receive a slightly reduced sentence
What happens if you plead not guilty?
You will face trail and be found either guilty or innocent, with no reduced sentence
For summary offences, how can costs be even more reduced?
Individuals are able to self-represent for minor charges which reduces costs
Why is it faster to have a case heard in the Magistrates court?
There are fewer pre-trial procedures and a single magistrate determines the outcome
Why do indictable offences trialed summarily take longer than a summary offence?
A committal hearing
What are summary offences?
Less serious or minor criminal offences where the impact on society is relatively small and the matter is resolved by a single magistrate in a magistrate’s court
What are the sanctions like for summary offences?
Less severe, such as smaller fines and short-term imprisonment
What are some common examples of summary offences?
Disorderly conduct, common assault or drink spiking
What are indictable offences?
More serious criminal offences where the impact on society is significant, and the matter is resolved by a judge and jury in higher courts
What are the sanctions like for indictable offences?
More severe such as larger fines and longer terms of imprisonment
What are some common examples of indictable offences?
Murder, manslaughter, kidnapping, destruction of evidence
What are indictable offences triable summarily?
Less serious indictable offences that may be heard like a summary offence, by a single magistrate in a lower court instead of a judge and jury
What are some common examples of indictable offences triable summarily?
Theft, robbery, burglary under $100,000
When can an indictable offence be heard summarily?
It is punishable by a term of imprisonment less than 10 years, the accused agrees and the court determines it is appropriate
What are the advantages to having an indictable offence triable summarily?
There are lower maximum sentences that can be imposed, it is quicker and cheaper to have a case heard in the magistrates court
