Chapter 2E: Summary and Indictable Offences Flashcards

1
Q

What is recklessly causing serious injury an example of?

A

An indictable offence which is triable summarily

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2
Q

How can we tell if a crime is an indictable offence?

A

It is listed in the Crimes or Wrongs Act of 1958, and comes from common law

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3
Q

If you commit an indictable offence, who will you be prosecuted by?

A

The Office of Public Prosecutions

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4
Q

If your case is to be heard in the County or Supreme Court, what is the effect on time and cost?

A

You will have to wait a lot longer for your case to be heard and it is a lot more expensive

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5
Q

If you are granted bail, where can you await your trial?

A

In the community

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6
Q

If you are not granted bail, where do you await your trial?

A

You have to wait in custody before the trial, known as remand

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7
Q

If you plead guilty, what does that entitle?

A

You will go straight to sentencing by a judge and usually receive a slightly reduced sentence

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8
Q

What happens if you plead not guilty?

A

You will face trail and be found either guilty or innocent, with no reduced sentence

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9
Q

For summary offences, how can costs be even more reduced?

A

Individuals are able to self-represent for minor charges which reduces costs

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10
Q

Why is it faster to have a case heard in the Magistrates court?

A

There are fewer pre-trial procedures and a single magistrate determines the outcome

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11
Q

Why do indictable offences trialed summarily take longer than a summary offence?

A

A committal hearing

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12
Q

What are summary offences?

A

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

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13
Q

What are the sanctions like for summary offences?

A

Less severe, such as smaller fines and short-term imprisonment

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14
Q

What are some common examples of summary offences?

A

Disorderly conduct, common assault or drink spiking

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15
Q

What are indictable offences?

A

More serious criminal offences where the impact on society is significant, and the matter is resolved by a judge and jury in higher courts

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16
Q

What are the sanctions like for indictable offences?

A

More severe such as larger fines and longer terms of imprisonment

17
Q

What are some common examples of indictable offences?

A

Murder, manslaughter, kidnapping, destruction of evidence

18
Q

What are indictable offences triable summarily?

A

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

19
Q

What are some common examples of indictable offences triable summarily?

A

Theft, robbery, burglary under $100,000

20
Q

When can an indictable offence be heard summarily?

A

It is punishable by a term of imprisonment less than 10 years, the accused agrees and the court determines it is appropriate

21
Q

What are the advantages to having an indictable offence triable summarily?

A

There are lower maximum sentences that can be imposed, it is quicker and cheaper to have a case heard in the magistrates court