CIVIL AND CRIMINAL JURISDICTION REFORM AND MODERNISATION AMENDMENT ACT 2010 No. 26 - SECT 17 17 Replacement of ss 552A and 552B
CIVIL AND CRIMINAL JURISDICTION REFORM AND MODERNISATION AMENDMENT ACT 2010 No. 26 - SECT 17
17 Replacement of ss 552A and 552BSections 552A and 552B--
omit, insert--
'(1) This section applies to a charge before a Magistrates Court of any of the following indictable offences--
(a) an offence against any of the following provisions--
• section 141
• section 142
• section 143
• section 340;
(b) any offence involving an assault, not being of a sexual nature or accompanied by an attempt to commit a crime, if the maximum term of imprisonment for which the defendant is liable is more than 3 years but not more than 5 years;
(c) the offence of counselling or procuring the commission of an offence mentioned in paragraph (a) or (b);
(d) the offence of attempting to commit an offence mentioned in paragraph (a);
(e) the offence of becoming an accessory after the fact to an offence mentioned in paragraph (a).
'(2) A charge to which this section applies must be heard and decided summarily if the prosecution elects to have the charge heard and decided summarily.
'(3) This section is subject to section 552D.
'(1) This section applies to a charge before a Magistrates Court of any of the following indictable offences--
(a) an offence of a sexual nature without a circumstance of aggravation if--
(i) the complainant was 14 years of age or over at the time of the alleged offence; and
(ii) the defendant has pleaded guilty; and
(iii) the maximum term of imprisonment for which the defendant is liable is more than 3 years;
(b) an offence against section 339(1);
(c) an offence involving an assault, other than an offence against section 339(1), if--
(i) the assault is--
(A) without a circumstance of aggravation; and
(B) is not of a sexual nature; and
(ii) the maximum term of imprisonment for which the defendant is liable is more than 3 years but not more than 7 years; and
(iii) a charge of the offence is not a charge to which section 552A applies;
(d) an offence against section 316A;
(e) an offence against section 328A(2);
(f) an offence against section 359E if the maximum term of imprisonment for which the defendant is liable is not more than 5 years;
(g) an offence against chapter 14, chapter division 2, if the maximum term of imprisonment for which the defendant is liable is more than 3 years;
(h) an offence against chapter 22A, if the maximum term of imprisonment for which the defendant is liable is more than 3 years;
(i) an offence against chapter 42A;
(j) the offence of counselling or procuring the commission of an offence mentioned in any of paragraphs (a) to (i);
(k) the offence of attempting to commit an offence mentioned in any of paragraphs (a) to (i), unless the offence is a relevant offence under section 552BA(4), definition relevant offence, paragraph (a);
(l) the offence of becoming an accessory after the fact to an offence mentioned in any of paragraphs (a) to (i), unless the offence is a relevant offence under section 552BA(4), definition relevant offence, paragraph (a).
'(2) A charge to which this section applies must be heard and decided summarily unless the defendant informs the Magistrates Court that he or she wants to be tried by jury.
'(3) This section is subject to section 552D.
'(1) This section applies to a charge before a Magistrates Court of any indictable offence against this Code if the offence is a relevant offence.
'(2) A charge to which this section applies must be heard and decided summarily.
'(3) This section is subject to section 552D.
'(4) In this section--
relevant offence means--
(a) an offence against this Code, if the maximum term of imprisonment for which the defendant is liable is not more than 3 years; or
(b) an offence against part 6, other than--
(i) an offence mentioned in paragraph (a); or
(ii) an offence against chapter 42A; or
(iii) an offence that, under section 552BB, is an excluded offence.
'(1) An offence is an excluded offence if the offence is--
(a) an offence against a provision listed in column 1 of the following table and--
(i) no relevant circumstance is listed for the provision in column 3; or
(ii) both of the following apply--
(A) 1 or more relevant circumstances are listed for the provision in column 3;
(B) at least 1 of the relevant circumstances, or the relevant circumstance if only 1 relevant circumstance is listed, applies in relation to the offence; or
(b) the offence of--
(i) counselling or procuring the commission of an offence that is an excluded offence under paragraph (a); or
(ii) attempting to commit an offence that is an excluded offence under paragraph (a), unless the offence is a relevant offence under section 552BA(4), definition relevant offence, paragraph (a); or
(iii) becoming an accessory after the fact to an offence that is an excluded offence under paragraph (a), unless the offence is a relevant offence under section 552BA(4), definition relevant offence, paragraph (a).
'(2) Column 2 of the following table gives the headings of the provisions mentioned in column 1, and is for information only.
'(3) In this section--
prescribed value means $30000.
Table of excluded offences
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Provision of Code | Provision heading | Relevant circumstance | |
| section 398 | Punishment of stealing | 1 | The offender is liable to 14 years imprisonment under clause 1, the value of the yield to the offender, or the detriment caused, because of the stealing of the testamentary instrument is equal to or more than the prescribed value and the offender does not plead guilty. |
| 2 | The total value of anything stolen, other than a testamentary instrument as mentioned in clause 1, and as provided for in the charge for the offence, is equal to or more than the prescribed value and the offender does not plead guilty. | ||
| 3 | The offender is liable to imprisonment under clause 14 and a charge for the indictable offence mentioned in clause 14(b) is to be heard and decided on indictment or would be required to be heard and decided on indictment if the charge were laid. | ||
| section 399 | Fraudulent concealment of particular documents | The offender is liable to 14 years imprisonment, the value of the yield to the offender, or the detriment caused, because of the concealment is equal to or more than the prescribed value and the offender does not plead guilty. | |
| section 403 | Severing with intent to steal | The value of the thing made moveable is equal to or more than the prescribed value and the offender does not plead guilty. | |
| section 406 | Bringing stolen goods into Queensland | The value of the property is equal to or more than the prescribed value and the offender does not plead guilty. | |
| section 408A |
Unlawful use or possession of motor vehicles, aircraft or vessels | 1 | The value of the motor vehicle, aircraft or vessel is equal to or more than the prescribed value and the offender does not plead guilty. |
| 2 | The offender is liable to imprisonment for 10 years and a charge for the indictable offence mentioned in section 408A(1A) is to be heard and decided on indictment or would be required to be heard and decided on indictment if the charge were laid. | ||
| 3 | The offender is liable to imprisonment for 12 years, the value of the destruction, damage, interference or detriment caused, or the value of the thing removed, (regardless of the value of the motor vehicle, aircraft or vessel involved) is equal to or more than the prescribed value and the offender does not plead guilty. | ||
| section 408C |
Fraud | The value of the property, the yield to the offender or the detriment caused is equal to or more than the prescribed value and the offender does not plead guilty. | |
| section 408E | Computer hacking and misuse | The offender is liable to imprisonment for 10 years, the value of the detriment or damage caused, or benefit obtained, is equal to or more than the prescribed value and the offender does not plead guilty. | |
| chapter 38, other than sections 413 and 414 | Stealing with violence--extortion by threats | ||
| section 419(1) | Burglary | 1 | The offender is liable to imprisonment for life under section 419(3)(b)(i) or (ii). |
| 2 |
The offender is liable to imprisonment for life under section 419(3)(b)(iv), the value of any damage caused to property is equal to or more than the prescribed value and the offender does not plead guilty. | ||
| section 419(4) |
Burglary | A charge for the indictable offence mentioned in section 419(4) is to be heard and decided on indictment or would be required to be heard and decided on indictment if the charge were laid. For example, if the indictable offence committed in the dwelling entered by the offender is stealing, the total value of what is stolen is equal to or more than the prescribed value and the offender does not plead guilty to the stealing, a charge for the offence of stealing would be required to be heard and decided on indictment, and accordingly, the offence of entering the dwelling in contravention of section 419(4) would be an excluded offence. | |
| section 421(2) | Entering or being in premises and committing indictable offences | A charge for the indictable offence mentioned in section 421(2) is to be heard and decided on indictment or would be required to be heard and decided on indictment if the charge were laid. | |
| section 421(3) | Entering or being in premises and committing indictable offences | 1 | A charge for the indictable offence mentioned in section 421(3) is to be heard and decided on indictment or would be required to be heard and decided on indictment if the charge were laid. |
2 | The value of any damage caused by the break is equal to or more than the prescribed value and the offender does not plead guilty. | ||
| section 427 |
Unlawful entry of vehicle for committing indictable offence | 1 | The offender is liable to imprisonment for 14 years under section 427(2)(b)(i) or (ii). |
| 2 | The offender is liable to imprisonment for 14 years under section 427(2)(b)(iv), the value of any damage caused to property is equal to or more than the prescribed value and the offender does not plead guilty. | ||
| section 430 | Fraudulent falsification of records | The value of the yield to the offender because of the act or omission mentioned in section 430(a), (b), (c), (d) or (e), or the value of the detriment caused by that act or omission, is equal to or more than the prescribed value and the offender does not plead guilty. | |
| section 433 | Receiving tainted property | The value of the tainted property is equal to or more than the prescribed value and the offender does not plead guilty. | |
| section 435 | Taking reward for recovery of property obtained by way of indictable offences |
The value of the benefit mentioned in section 435(b) is equal to or more than the prescribed value and the offender does not plead guilty. | |
| chapter 44 |
Offences analogous to stealing relating to animals | The value of the animal the subject of the offence is equal to or more than the prescribed value and the offender does not plead guilty. | |
| section 461 | Arson | ||
section 462 | Endangering particular property by fire | ||
| section 463 | Setting fire to crops and growing plants | ||
| section 467 | Endangering the safe use of vehicles and related transport infrastructure | ||
|
section 468 | Injuring animals | The offender is liable to imprisonment for 7 years, the value of the animal the subject of the offence is equal to or more than the prescribed value and the offender does not plead guilty. | |
|
section 469 | Wilful damage | The offender is liable to punishment under clause 1 (Destroying or damaging premises by explosion), 2 (Sea walls and other property), 5 (Railways), 6 (Aircraft) or 7 (Other things of special value). | |
| section 469A | Sabotage and threatening sabotage | ||
|
section 470 | Attempts to destroy property by explosives | ||
| section 471 | Damaging mines | The value of the damage or interference caused is equal to or more than the prescribed value and the offender does not plead guilty. | |
| section 472 | Interfering with marine signals | The value of any damage or detriment directly attributable to the commission of the offence, including, for example, economic loss arising from disruption to shipping, is equal to or more than the prescribed value and the offender does not plead guilty. | |
| section 473 | Interfering with navigation works |
The value of any damage or detriment directly attributable to the commission of the offence, including, for example, economic loss arising from disruption to shipping, is equal to or more than the prescribed value and the offender does not plead guilty. | |
| section 474 | Communicating infectious diseases to animals | The value of the animal or animals the subject of the offence is equal to or more than the prescribed value and the offender does not plead guilty. | |
| section 488 | Forgery and uttering | The offender is liable to 7 years or 14 years imprisonment, the value of the yield to the offender, or the detriment caused, involved in the forgery or uttering is equal to or more than the prescribed value and the offender does not plead guilty. | |
|
section 498 | Falsifying warrants for money payable under public authority | The value of the yield to the offender, or the detriment caused, involved in the making out or delivering of the warrant is equal to or more than the prescribed value and the offender does not plead guilty. | |
| section 514 |
Personation in general | The offender is liable to imprisonment for 14 years, the value of the property mentioned in section 514(2) is equal to or more than the prescribed value and the offender does not plead guilty.'. | |