Criminal Law

There are three types of criminal offence which are explained below:

Summary Offence

A Summary Offence is one that is only dealt with by a magistrate in the magistrate’s court and usually covers most Common Offences. Examples of a Summary offence include:

• Disorderly behavior
• Driving under the influence of alcohol or drugs
• Minor criminal damage

Minor Indictable Offence

A Minor Indictable Offence is one that is also dealt with in a Magistrates Court however; the defendant can choose to have the matter dealt with in a higher jurisdiction. If heard in the Magistrates Court the matter are prosecuted by t eh Police. Examples of this type of offence include:

• Theft and Receiving
• Deception
• Serious criminal trespass
• Illegal use of a motor vehicle
• Aggravated assault causing harm
• Indecent Assault, Stalking
• Gross Indecency
• Property Damage

Major Indictable Offence

A Major Indictable Offence is one that can only be dealt with in the District or Supreme Court the more serious offences being handled in the Supreme Court and guarantees the defendant a right to a trial by jury. Before a person charged with a major indictable offence goes to trial there is usually a committal hearing conducted to assess if the prosecution’s evidence strong enough to have a successful conviction. Examples of this type of offence include:

• Drug & alcohol offences
• Sex Offences
• Fraud  & Theft
• Property damage (including arson) where damages exceed a certain $ value
• Domestic violence
• Bail applications
• Traffic offences.

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