ADPP - Acts and Offences
List the four Divisions of Offences - Answer- Strictly Indictable, serious indictable, minor indictable, summary
Define and give example of a strictly indictable offence - Answer- An offence that cannot be dealt with summarily before a local magistrate. E.g: Murder
...
ADPP - Acts and Offences
List the four Divisions of Offences - Answer- Strictly Indictable, serious indictable,
minor indictable, summary
Define and give example of a strictly indictable offence - Answer- An offence that
cannot be dealt with summarily before a local magistrate. E.g: Murder
Define and give example of serious indictable offence - Answer- Crimes Act 1900
s.4: "[A]n indictable offence that is punishable by imprisonment for life or a term of 5
years or more". E.g: Larceny value more than $5000
Define and give example of minor indictable offence - Answer- Crimes Act 1900 s.4:
"[A]n indictable offence that is not a serious indictable offence". i.e less than 5 years
imprisonment E.g: Larceny value $5000 or less
Define and give example of summary offence - Answer- an offence that is heard and
determined in a local court by a magistrate sitting alone and has a maximum
imprisonment of 2yrs. E.g: offensive conduct
Who elects for an offence to be tried by indictment - Answer- Prosecutor or defence
if offence is listed in Table 1 of Criminal Procedure Act 1986 Schedule 1.
Prosecutor only if offence is listed in Table 2 of the same Act and Part.
Define the term 'Elements/Proofs of the offence' - Answer- These are the requisites
by law for an offender to be tried for an offence and for Standard of Proof to be
justified
List three key elements of a Table 1 offence - Answer- 1. Violence
2. Property value exceeds $5000
3. serious injuries are involved
List three key elements of a Table 2 offence - Answer- 1. violence less than a T1
offence
2. Property value is $5000 or less
3. injuries are less than serious
By what division is Sexual Assualt punished - Answer- Strictly indictable - no
summary application allowed
By what division is Possession of an Unregistered Firearm in a Public Place
punished - Answer- Minor indictable - Table 2
What division punishes Offensive Language - Answer- Summary
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