DP 1: the distinction between summary offences and indictable offences

Key Skills

- Define and use key legal terminology

- Discuss, interpret and analyse legal principles and information
- Synthesise and apply legal principles and information to actual and/or hypothetical scenarios

Essential question?

What are summary and indictable offences and how are they different?

1. SUMMARY OFFENCES

Minor offences that are dealt with by a Magistrate alone.

 No jury
 Generally dealt with on the same day as the hearing
 Can be heard in the absence of the accused
 Listed on the Summary Offences Act 1966, although can be found elsewhere
 http://classic.austlii.edu.au/au/legis/vic/consol_act/soa1966189/
o Eg: SUMMARY OFFENCES ACT 1966 - SECT 4
 Dealt with in the Magistrates’ Court
 Can attract any sanction, although have a
maximum imprisonment term of 2 years for
an individual offense
 Can attract lesser penalties such as a
discharge (not attracting a criminal
conviction)
 The most common summary offence in
Victoria is driving on East Link without being
registered to drive on the toll road

2. INDICTABLE OFFENCES

More serious offences that must be heard in front of a jury of 12

 Listed in the Crimes Act 1958, although can be found elsewhere

 http://classic.austlii.edu.au/au/legis/vic/consol_act/ca195882/
o Eg: CRIMES ACT 1958 - SECT 70C
 County or Supreme Court
 Can’t be heard in absence of the accused
 Committal proceedings will occur in the Magistrates’ Court
beforehand
 Increased sanctions, including up to life imprisonment
 The accused may choose to have certain offences heard summarily (robbery offences under
$100,000)
 Key Skills:

 DEFINE AND USE KEY LEGAL TERMINOLOGY

Practice Question: Explain one difference between an indictable offence and a summary offence (3
marks)
This indicates a ‘limit’ on your answer: it means you cannot list 3
‘differences’ and expect to get a full mark. If you provide more
than one difference the assessor will stop reading your answer
after you have explained the first difference.

This is our ‘task word’ for how we can get a full mark for this answer. Explain: show understanding of the key difference between
the key concepts of indictable and summary offences. A way to do this for a question like this is to provide more detail by giving an
example.

One difference between an indictable and a summary offence is the level of sanction that can be
imposed upon the offender. As indictable offences are considered more serious, they can attract
significant sanctions, right up to life imprisonment in certain situations (such as murder). This
contrasts with summary offences which are less serios and can only attract a maximum prison term
of 2 years and often lead to a lesser sanction such as fines or even a discharge.

 SYNTHESISE AND APPLY LEGAL PRINCIPLES AND INFORMATION TO ACTUAL AND/OR

HYPOTHETICAL SCENARIOS

Practice Question:

Ian was the victim of an assault by Jim. He suffered injuries as a result, including a fractured jaw.

Jim was charged under the Crimes Act 1958 with causing injury intentionally, which can carry a

maximum penalty of 10 years imprisonment. His lawyer has told him he will have a trial in the

County Court if he pleads not guilty.

Key words that tell us this is an indictable offence, there are 3 reasons here.
We only need to explain one of them in our answer.

Was Jim charged with a summary offence or an indictable offence? Give one reason for your

answer (3 marks)

Jim has been charged with an indictable offence. This is because the matter will be heard in the
County Court if he pleads not guilty. If this was a summary offence it would be dealt with in the
Magistrates’ Court, as indictable offences are heard in the County Court or higher.
1 mark: indicate summary or indictable

1 mark: provide a reason

1 mark: add more detail to your reason