Chapter 3 - Summary Procedure; Part 3.1 - When a summary hearing may be held Flashcards
27 – Summary offences
Charge for summary offence is to be heard and determined summarily in accordance with this Chapter or, if the case requires, Division 1 of Part 5.8.
S28 – IOs that may be heard / determnd summarily, if s 29 satisfied (5(10)/6(5)/1200PU)
● (1)(a) Offence referred to in Sch 2 (append to Act)
● (1)(b) offence described as one that is
(i) level 5 or level 6 offence
(ii) punishable by level 5/6 imprisonment or fine or both
Lvl 5/6 imprisonment (10 and 5 years respectively)
● (iii) Punishable by imp not exceeding 10 years or fine not exceeding 1200 penalty units or both
unless the contrary intention appears in this or any other Act or in any subordinate instrument.
• (2) If an IO is described as being punishable in more than one way or in one of 2 or more ways, all of those ways must be referred to in subsection (1) for subsection (1) to apply
• (3) If an IO in Schedule 2 is qualified by reference to a specified amount or value or a specified kind of property, that qualification is not affected by subsection (1)(b) or (2).
S29 – when IO may b heard/determined summarily (A consents, MC appropriate, consider seriousness; adequacy; co-acc; other matters)
● (1)(a) If MC considers appropriate, per (2), AND
● (b) Accused consents ((3) LP can consent on their behalf)
● (2) MC must have regard to:
○ (a) Seriousness of the offence including:
■ (i) Nature of offence
■ (ii) Manner alleged to have been committed - apparent degree of organisation and presence of agg circumstances; and
■ (iii) Whether offence forms part of series of offences being alleged ats. accused; and
■ (iv) Complexity of the proceeding for determining the charge
○ (b) Adequacy of sentences available to ct, having regard to crim history of accused
○ (c) Whether a co-acc charged with same offence
○ (d) Any other matter ct considers relevant.
(4) (2) not applicable to proceeding in Children’s Court
(5) If body corporate and natural person jointly charged with IOTS, MC must not hear/determine charge summarily unless
(a) each of them consents to summary hearing, or
(b) if the BC fails to appear in the proceeding, the natural person consents to a summary hearing and the court proceeds under s 82 to hear and determine the charge in the absence of the BC.
S30 - Procedure for IOTS
(1) Accused or informant can make application for summary hearing per 29(1)
(2) Or without any such applicant, MC can offer
(3) Application/offer can be made anytime before MC determines whether to commit accused for trial
(4) If application made before any evidence heard, the MC may seek from the prosecutor or if informant appearing in person, the informant
(a) outline of evidence which will be presented for prosecution
(b) any other information which the court considers relevant—
for purpose of enabling court to determine whether to grant summary hearing.
(5) any such statement not admissible in evidence in any subsequent proceeding
(6) If MC grants SH, must be done per Part 3.3
(7)(a) If CH commences; and (b) MC subsequently grants a SH,
the court may, with the consent of the accused, admit as evidence in the summary hearing (c) oral evidence of any witness; (d) statement of any witness; (e) any document or exhibit,
given/tendered during committal hearing.
(8) (7) is subject to—(a) MC must call/recall any witness for exam/x exam; (b) hearing must otherwise be conducted in the same manner as a proceeding for a summary offence.
