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JUSTICES ACT 1959 - SECT 71 Petty crimes triable summarily

JUSTICES ACT 1959 - SECT 71

PART VIII - Crimes Triable Summarily Petty crimes triable summarily

(1)  Where a person is brought before justices upon a complaint for an offence under–
(a) one of the sections of the Criminal Code referred to in Schedule 2 in respect of property the value of which does not exceed $20 000; or
(ab) section 244 or 245(a)(iii) of the Criminal Code , except where it is alleged in the complaint that –
(i) in the circumstances in which the offence was committed, property to the value of more than $20 000 was stolen; or
(ii) in the commission of the offence, the person intended to commit a crime other than stealing; or
(b) section 278 or 279 of the Criminal Code in respect of a document, seal, or die which relates to an amount not exceeding $20 000, whether as the consideration for a transaction or dealing or otherwise–
the section creating that offence shall, unless the justices think that the offence should be dealt with in the Supreme Court, be deemed, subject to subsection (1A) and (2) , to have created a simple offence, and the complaint shall be dealt with accordingly.
(1A)  Subsection (1) does not apply in respect of a person brought before justices upon a complaint for an offence referred to in that subsection if –
(a) the person is brought before justices for more than one offence referred to in this section that –
(i) are joined in a single complaint; or
(ii) are substantially from the same course of conduct or founded on the same facts; and
(b) the total value specified in the charges for those offences exceeds $20 000.
(2)  An offence mentioned in subsection (1) may be dealt with in the Supreme Court unless –
(a) the person arraigned therefor has been convicted therefor;
(b) a complaint against him therefor has been dismissed upon summary trial by virtue of that subsection; or
(c) a complaint against him therefor has been dismissed under the Sentencing Act 1997 or he has been released on probation under that Act on the hearing of proceedings relating to such an offence.