Chapter 3.2

Question 1

summary offences

Answer 1

a minor offence, generally heard in the magistrates court by a magistrate sitting alone which may be heard in the absence of the accused

Question 2

Summary offences example

Answer 2

• road offences
• minor assualts

Question 3

indictable offences

Answer 3

a more serious offence generally tried in the county court or supreme court by a judge and a jury which cannot be heard in the absece of the accused

Question 4

indictable offences examples

Answer 4

• murder
• drug traffiking offences

Question 5

commital proceedings

Answer 5

When an accused has been charged with an indictable offence and pleads not guilty, committal proceedings take place in the magistrates court. The committal proceedings is the pre-trial hearings and processes

Question 6

what occurs at a commital proceeding

Answer 6

at a commital hearing the magistrate will decide whether there is sufficient evidence to support a conviction for the offence charged

Question 7

commital rpoceeding purposes

Answer 7

• ensuring the cases where there is inadequte evidence do not go to trail
• finding out whether the accused plans to plead guilt or not guilty
• ensuring a fair trail by making sutr the prosecutions case is discolsed to the accused
• giving the accused the opportunity to put forward a case at an early stage and possibily cross examine witness

Question 8

indictable offences heard and determines summarily

Answer 8

these are indictable (serious) offences, but they can be heard in the magistrates court as if they were summary (minor) offences
The accused will usually choose to have an offence heard summarily, mainly because an offence heard summarily, mainly because it is quicker and cheaper to have a case heard in the magistrates court

Question 9

differences between summary and indictable offences

Answer 9

• summery offences are less serious whereas indictable offences are more serious
• summary offences are exclusively heard in the magistrates court without a jury, whilst indictable offences are generally tried in the county court or supreme court before both a judge and jury
• summary offences may be hear in the absence of the accused whereas indictable offences must be heard in the presecense of the accused