What makes a crime indictable




















For screen reader users on mobile, if you are using a keyboard: type in the input field, then switch to Quick nav and move below the input field to access results. A result has to be clicked twice in order to submit the search. If you are not using a keyboard: type in the input field, then tap at the top of the screen and navigate down to the results below the input field. Indictable offences can range from theft, cause injury and drug offences to more serious matters such as rape, armed robbery, murder and treason.

See the Crimes Act for information about offences deemed as indictable. Some indictable offences may be heard in the Magistrates' Court by way of summary hearing in the same way as summary offences are heard — your lawyer can advise you if this applies to your offences. See the summary offences page.

Examples of these offences include murder, rape, armed robbery and serious drug offences. On the lower end of the spectrum, a sexual assault might be an unwanted kiss. On the other end of the spectrum, there is be non-consensual sexual intercourse. In the former scenario the Crown would likely proceed summarily, and in the latter, by indictment. The Crown is required to make their election on the record in Court. In some cases, a Crown may elect to proceed by indictment solely because the offence allegedly occurred more than 12 months prior to the accused being charged.

If this is the case, the Crown and defence may consent on the record to the matter proceeding summarily, in order to better reflect the seriousness of the offence. Examples of hybrid offences include impaired driving, assault, assault with a weapon, assault causing bodily harm, possession of a controlled substance and sexual assault.

Being charged with a criminal offence is serious. Not only are the repercussions life changing and long term, but if you are found guilty of committing an offence the effects can negatively impact your family, career, and future. If you are currently facing criminal charges, it is imperative that you hire a lawyer who understands the various procedural decisions to help protect your future. At Pringle Chivers Sparks Teskey our lawyers are recognized for their ability to build solid defenses, conduct thorough investigations, and provide expert advice, including the potential repercussions of being charged with a summary or indictable offence.

Contact our office today for a free consultation. We know that being accused of a crime can be confusing, stressful, and unexpected. We pride ourselves on our practical, client-centered approach to help you find a solution to your legal problems. We are happy to provide you with a free, no-obligation consultation where we can explain your options and help you understand the criminal charges you are facing. If you would like to speak to one of our lawyers, please contact us.

Sound legal representation is the only way to achieve successful results when facing serious criminal charges. Common examples include drink driving , indecent exposure and offensive language. Summary offences are the most common types of criminal matters, and are dealt with by magistrates in the Local Court, and prosecuted by a police prosecutor. The maximum penalty for a summary offence heard in the Local Court is two years imprisonment. Table 1 offences will ordinarily be dealt with in the Local Court.

In rare circumstances, they may be heard in the District Court, but this would usually only occur if a defendant is also charged with further more serious offences that must be dealt with by the District Court.

Table 2 offences will be dealt with in the Local Court unless the prosecution elects to have the matter heard in the District Court. These offences are considered less serious than Table 1 offences, and therefore the accused cannot make this election.

We have over 55 years of experience in successfully defending charges at every level of the criminal justice system. Summary, Indictable and Table Offences. Criminal offences are usually divided into two types: summary and indictable.



0コメント

  • 1000 / 1000