COURTS LEGISLATION (JURISDICTION) ACT 2006 (NO 50 OF 2006) - SECT 22 Indictable offences triable summarily
COURTS LEGISLATION (JURISDICTION) ACT 2006 (NO 50 OF 2006) - SECT 22
Indictable offences triable summarily(1) For section 53(1A) of the Magistrates' Court Act 1989 substitute —
"(1A) In addition to the offences referred to in Schedule 4, sub-section (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.".
(2) After section 53(2) of the Magistrates' Court Act 1989 insert —
"(3) In determining under sub-section (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 sub-section (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 sub-section (3) or (4) applies to a proceeding in the Children's Court.".
(3) In Schedule 4 to the Magistrates' Court Act 1989 —
(a) in clauses 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 29, 30, 31, 32, 33, 35, 36 and 37, for "$25 000" substitute "$100 000";
(b) in clause 27 after "if" insert "the stolen goods alleged to have been handled are a motor vehicle or, in any other case,";
(c) after clause 34 insert —
"34A. Dealing with proceeds of crime
Offences under section 194(1) and (2) of the Crimes Act 1958 , if the property alleged to have been dealt with is a motor vehicle or, in any other case, the amount or value of the proceeds of crime alleged to have been dealt with does not in the judgment of the Court exceed $100 000.
34B. Dealing with property which subsequently becomes an instrument of crime
Offences under section 195A(1) of the Crimes Act 1958 , if the amount or value of the property alleged to have been dealt with does not in the judgment of the Court exceed $100 000.";
(d) after clause 37A insert —
"37B. Perjury
Offences under section 314 of the Crimes Act 1958 .
37C. Conspiracy to cheat and defraud
Offences at common law of conspiracy to cheat and defraud, if the amount or value of the property or the financial advantage alleged to be involved does not in the judgment of the Court exceed $100 000;
37D. Conspiracy to defraud
Offences at common law of conspiracy to defraud, if the amount or value of the property or the financial advantage alleged to be involved does not in the judgment of the Court exceed $100 000.";
(e) in clause 49A after "5(1)" insert ", (1A)";
(f) for clause 49BD substitute —
"49BD. Offence to possess, carry or use an unregistered handgun
Offences under section 7B(1) and (2) of the Firearms Act 1996 .".