"Less serious" (1 Viewer)

[Azreil]

What exactly constitutes a "less serious" indictable offence which can be heard summarily if the accused wishes it? Or it is another thing like the reasonable person test?

 

[cxlxoxk]

you don't need to know that for the exam???

just need to know what is a summary offence and what is an indictable offence?

 

[Ms. BRIGHTSIDE]

you don't need to know that for the exam???

just need to know what is a summary offence and what is an indictable offence?

Yeah, we have to write a whole essay on this shit.

 

[Azreil]

you don't need to know that for the exam???

just need to know what is a summary offence and what is an indictable offence?

It's something I'd feel more comfortable knowing in case they ask a high mark question on the role of discretion.

 

[*Baby-K*]

What exactly constitutes a "less serious" indictable offence which can be heard summarily if the accused wishes it? Or it is another thing like the reasonable person test?

The jury might determine based on evidence that the offence the hearing is held for is a 'less serious' indictable offence, then it's heard summarily. I don't think the accused can wish for it to be heard that way- it's not up to him/her.

 

[Azreil]

I found it.

It has to be both court + defendant.

"38. Some indictable offences may be disposed of summarily in Courts of Petty Sessions. Most, but not all, of these offences are listed in either section 476 or section 501 of the Crimes Act, 1900. Those listed in section 476 may be dealt with summarily only if the defendant consents and the magistrate is satisfied that the case is one which may properly be disposed of summarily. On the other hand, when a defendant is charged under section 501 with an offence listed in that section, it will be disposed of summarily whether the defendant consents or not."

http://www.lawlink.nsw.gov.au/lrc.nsf/pages/IP3OUTCHP8

So, yeah. Answered my own question >>