Is Larceny an indictable matter or summary? (1 Viewer)

[elissa]

Is Larceny an indictable matter or summary?

I thought it would be summary because the case doesn't involve any violence or threat of violence to a person. But the Crimes Act 1900 (NSW) in Section 117 states:

"Whosoever commits larceny, or any indictable offence by this Act made punishable like larceny, shall, except in the cases hereinafter otherwise provided for, be liable to imprisonment for five years. "

The case is about a 23yrold man been found with $15 000 worth of electrical and white goods in a truck. Its obvious he did it-prints are all over the truck, the stolen goods and the factory(where the goods were stolen from). And in the person's wallet the police find a note from a well-known Melbourne criminal stating that he'd pay the guy $10 000 for the stolen goods.


So can anyone help me? Is it summary or indictable?

 

[sly fly]

depends on how much the person steals.....like if they stole some shoes it would be summary but if they stole $100000 from a bank it would be indictable

 

[elissa]

I have since found out that since he stole $15 000 worth of goods - it's an indictable offence.

I have read page 105 from The Law Handbook (8th edition) and apparently it can be heard summarily IF both the prosecution and defence agree - which means it will be heard in the local court.

Now if either side don't agree then it will be heard in the district court.

Should I put both arguments in my response if the question states:

Which court will the case be heard in?

The stimulus material states nothing about the trial so I don't know whether they agree for the case to be heard summarily or not.

 

[still waiting]

id say just in the district court because it depends on the amount of goods stolen and your case doesnt actually state where so i think u should prob assume in the district but just to be on the safe side put both