Part 5.8 - General - Divisions 1-4 - Hearing of charges for related / unrelated summary offences; Criminal Record; Powers and obligations; Procedure on guilty plea or guilty verdict Flashcards
S242 summary offence related to indictable offence
(1) if accused before SC or CC (a) PG to IO (b) or found guilty/NG of IO, court may hear and determine charge for related summary offence before sentencing/dealing with A
(1A) if all charges for IO against A before the SC or CC have been discontinued, court may hear/determine charge for related SO
(2) must do so do so without jury per Part 3.3, so far as practicabl
(3) without affecting admissibility of any evidence which might be given apart from this sub-s, court can admit as evidence
(a) evidence given in IO trial (b) in case of PG to the indictable offence, depositions/exhibits/recordings referred to in s139 that were admitted in evidence in committal proceeding in re: to the IO (c) in case of discontinuance of P of IO against the A, the deps and all exhibits/recordings referred to in s139 that were admitted in evidence in the committal proceeding in re: the IO
(4) party may adduce further evidence only with leave of the court
(5) if the court considers it appropriate to do so, the court may transfer proceeding for related SO back to MC for hear/det
(6) court may impose any sentence re: related SO that MC could impose
related summary offence means a SO the proceedings for which are transferred from the Magistrates’ Court under section 145;
S243 unrelated summary offence
(1) SC or CC may hear/determine charge against an A for SO that is not RSO if accused (a) is before the court IRO an indictable offence, AND (b) consents to court hearing/determining the SO charge, AND (c) states intention to plead guilty to SO charge
(1A) if all charges for IO in SC or CC discontinued, court may hear/determine non-RSO charge if A (a) consents, AND (b) states intention to PG to charge for SO.
(2) if A consents to court hearing/determining charge for non-RSO, proceeding is transferred from MC to SC or CC.
(3) court must hear/determine SO charge without jury and in accordance with Part 3.3 as far as practicable.
(4)(a) if A does not PG to charge for SO (b) or states intention to plead NG to the charge for the SO, court is to direct transfer to MC for hearing and determination
(5) court may impose any sentence re: SO that MC could impose
S244 criminal record (contents thereof, must be signed)
(1) CR must contain re each prior (a) date of PC (b) court in which PC took place (c) sitting place (d) offence committed (e) sentence imposed
(2) If other offences were taken into account when sentence was imposed in respect of prior, a CR may contain statement to that effect and offences taken into account, including number thereof.
(2A) CR must contain re infringement conviction (a) date took effect as conviction (b) offence in the notice (c) amount in the notice as penalty (d) any other penalty (cancellation etc)
(3) CR inadmissible as evidence against person to whom it relates in proceeding for offence unless CR signed by (a) popo (b) Crown Prosecutor (c) member of staff of the OPP who is a legal practitioner (d) in case of proceeding commenced by informant
(i) person who’s entitled to represent informant and is a LP, OR (ii) a public official
S245 Proof of previous convictions and infringement convictions by criminal record
(1) if P intends to allege, in event of FG against a person, that the person has priors or infringements, P may file CR of person at any time after indictment filed and before sentencing hearing commences,
(2) If CR of person not available before sentencing hearing commences, the P may file it in court at any time before sentencing, if the court considers that it is in the IOJ to do so.
(3) if found guilty and CR filed, court must ask person if they admit priors/infringements
(4) person may admit orally or in writing the priors/infringements
(5) if person admits, court may then sentence accordingly
(6) if doesn’t admit, prosecution can lead evidence to prove PC/IC
S246 attendance of accused at hearings
A must attend all hearings conducted under this Chapter in crim proceeding ats accused unless excused under s 330.
S247 power to extend/abridge time
(1) court by order may extend or abridge any time fixed (a) by/under the Chapter (b) or any order extending or abridging time made under this section if in IOJ to do so (2) EoT for commencement of sexoffence trial not to exceed 3 months (3) order not required if ruling or direction is given which provided for EOT/abridgment (4) Court can give EOT before or after expiry
(5) more than one EOT may be granted under sub-s(1)
(6) unless Court otherwise orders, no material in support of an order under subs(1) need be filed
S248 Parties must inform juries commissioner of certain events
If party to crim proceeding listed for trial before jury becomes aware of any event that affects (a) whether/not jury required OR
(b) when jury required OR (c) dates on which persons will be required to attend for jury service, the party must inform the juries commissioner ASAP after party becomes aware
S249 counsel required to retain brief for trial
(1) LP briefed/agreed to appear for accused must at least 7 days b4 day on whch trial to commence, advise court of intention to app
(2) LP may only relinquish brief to appear/withdraw from agreement to appear for accused within 7 days before day on which trial due to commence with leave of court
(3) on application, court can order costs be paid personally by the LP if court considers that in circs of the case (a) agreement to appear is unreasonable (b) OR withdrawal is unreasonable
250 Complaints about legal practitioners
If court considers that LP for a party has failed to comply with
(a) requirement of Part 5.5 or order made under Part 5.5, including order or Req. under s 181, (b) order under 404 or 410, court can make complaint about LP conduct to the VLSC
251 judge at earlier trial not prevented from presiding at later trial
(1) section applies if offence charged in an indictment and an offence that was tried at an earlier trial are same/related offences
(2) earlier judge at trial or DH or other PT hearing, not prevented from being later TJ merely because made decision in relation to the earlier trial on any issue of law or procedure that, in his or her opinion, is likely to be contentious in the later trial.
S252 offence for corporate accused for failure to appear (240 penalty units)
(1) must comply with s144(2)(d) order, or 240 penalty units
(2) if court orders CA to appear at any other hearing, must not without reasonable excuse fail to appear by rep or LP, or 240 PU
S253 abolition of grand jury procedure
The CL procedure of calling a GJ to determine, on evidence called by the applicant for a GJ, whether a person charged with an IO ought to be put on trial before an ordinary jury is abolished.
S253A Abolition of Allocutus
CL procedure of administering the allocutus is abolished.
(A the allocutus is the step in a criminal proceeding which occurs when, after PG or a finding of guilt by the jury, the court asks the accused whether there is any reason why the court should not proceed to pass judgment according to law)
S253B when finding of guilt occurs (enters PG or jury gives G verdict)
If (a) on arraignment, A enters a plea of guilty to charge for an offence, or (b) jury delivers verdict finding accused guilty of offence,
at that moment the accused is found guilty of the offence unless the judge sets aside the plea or verdict.
