Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 53

Indictable offences triable summarily

53. Indictable offences triable summarily



(1) If a defendant is charged before the Court with any offence referred to in
Schedule 4 or with any other indictable offence to which this subsection
applies, the Court may hear and determine the charge summarily if-

   (a)  the Court is of the opinion that the charge is appropriate to be
        determined summarily; and

   (b)  the defendant consents to a summary hearing.

(1A) In addition to the offences referred to in Schedule 4, subsection (1)
applies to an indictable offence under an Act or subordinate instrument or an
offence at common law if it is described by an Act or subordinate instrument
as-

   (a)  being level 5 or 6; or





   (b)  being punishable by-

   (i)  level 5 or 6 imprisonment or fine or both; or

   (ii) a term of imprisonment not exceeding 10 years or a fine not exceeding
        1200 penalty units or both- unless the contrary intention appears in
        this or any other Act or in any subordinate instrument.

(1B) If an offence is described as being punishable in more than one way or in
one of two or more ways, subsection (1) does not apply to it if any one of
those ways is not referred to in subsection (1A).

(1C) Subsection (1) does not apply to an indictable offence by virtue of
subsection (1A) if that offence is referred to in Schedule 4 but the reference
to that offence in that Schedule is qualified by reference to a specified
amount or value or a specified kind of property.

(2) Subsection (1) applies even though the proceeding may have been commenced
more than 12 months after the date on which the offence is alleged to have
been committed.

(3) In determining under subsection (1) whether a charge is appropriate to be
determined summarily, the Court must have regard to-

   (a)  the seriousness of the offence;

   (b)  the adequacy of the available sentencing orders if the charge is heard
        and determined summarily considering (among other things) any previous
        findings of guilt or convictions of the defendant;





   (c)  any decision of the Court as to how a charge of the same offence
        against a co-defendant is to be heard and determined;

   (d)  any other relevant matter.

(4) In having regard to the seriousness of an offence under subsection (3)(a),
the Court must consider (among other things)-

   (a)  the nature of the offence;

   (b)  the manner in which the offence is alleged to have been committed
        including-

   (i)  the apparent degree of organisation behind the commission of the
        offence;

   (ii) the presence of any aggravating circumstances;

   (iii) whether the offence forms part of a series of offences being alleged
        against the defendant;

   (c)  the complexity of the proceeding for determining the charge.

(5) To avoid doubt nothing in subsection (3) or (4) applies to a proceeding in
the Children's Court.