HS L2 - Summary vs. Indictable Offences and Parties

Question 1

Summary offences - definition

Answer 1

• Minor or less severe crimes that are committed by the accused

Question 2

Summary offences - recognised by?

Answer 2

• Found within the Summary Offences Act 1966
• Heard in the Magistrates Court of Victoria
• Don’t have committal proceedings

Question 3

Summary offences - examples

Answer 3

• Drink driving, jaywalking, minor assaults, minor drug possession

Question 4

Summary offences - heard where?

Answer 4

• They are heard in the Magistrates’ Court
• The final hearing is called a hearing and not a trial
• There is no right to a jury for a summer offence

Question 5

Summary offences - sanctions

Answer 5

• Adjourned undertaking, or a warning
• Fines
• Community corrections orders
• Imprisonment of maximum two years for one offence, or five years for multiple offences

Question 6

Indictable offences - definition

Answer 6

• Serious or more severe crimes

Question 7

Indictable offences - recognised by?

Answer 7

• The offence is listed in the Crimes Act 1958
• It is heard during trial in the County or Supreme Court
• It involves a committal

Question 8

Indictable offences - examples

Answer 8

• Murder, robbery, sexual offences, kidnapping, culpable driving causing death

Question 9

Indictable offences - heard where?

Answer 9

• They are heard in the County or Supreme Court and final hearings are referred to as trials
• There is a jury

Question 10

Indictable offences heard summarily (IDHS) - definition

Answer 10

• A group of indictable offences that are less serious

Question 11

IDHS - recognised by?

Answer 11

• Found in the Criminal Procedures Act 2009

Question 12

IDHS - why?

Answer 12

• It is less costly and time-consuming, and the maximum penalties imposed in the Magistrates’ Court are lower

Question 13

IDHS - approved when?

Answer 13

• The offence is not punishable by a maximum term of more than ten years imprisonment
• Monetary limits. For example, in theft the property stolen cannot exceed the value of a $100,000
• The court, made up of the prosecution and the judge, must agree and determine that it is appropriate
• The accused consents

Question 14

Purposes/functions of committals

Answer 14

• To ensure that only strong cases with sufficient evidence proceed to trial (‘prima facie’)
• To allow the accused the opportunity to enter a plea after learning about the prosecution’s case against them
• To ensure a fair trial by making sure that the prosecution discloses their case to the accused
• To provide the accused the opportunity to test the prosecution’s case through cross examining witnesses

Question 15

Parties in a criminal case

Answer 15

• The prosecution
• The accused
• THE VICTIM IS NOT A PARTY IN THE CRIMINAL JUSTICE SYSTEM

Question 16

Who are the prosecution?

Answer 16

• The party that presents evidence in court on behalf of the state or the Commonwealth against a person accused of committing the crime

Question 17

Who is the accused?

Answer 17

• The individual who has been charged with a crime
• Can be multiple