U3AOS1 Topic 1: Summary and indictable offences


Study design dot point:

- The distinction between summary and indictable offences.


Summary offences:

- Refer to minor/less serious crimes/offences that are generally heard in the Magistrates' Court.

- Some summary offences are contained in the Summary Offences Act 1966 (Vic) (but not all are listed here).

- The maximum term of imprisonment for one single summary offence charge is 2 years.

- There is no right to trial by jury for this type of offence.

- Examples of summary offences include: drink driving, disorderly conduct or minor assaults.

- The final hearing is known as a 'hearing' for this type of offence.

Indictable offences:

- Refer to more serious crimes/offences that are typically heard before a judge and jury.

- These are typically heard in the County Court (for less serious indictable offences) or Supreme Court of Victoria - Trial Division (for more serious indictable offences).

- Typically, offences listed in The Crimes Act 1958 (Vic) are indictable offences (unless explicitly stated otherwise).

- The right to trial by jury applies for this type of offence.

- Examples of indictable offences include: sexual offences, drug trafficking and homicide-related offences (such as murder or manslaughter).

Indictable offences heard summarily:

- These are indictable offences that are treated as if they were summary offences. That is, they are heard in the Magistrates' Court as if they were summary offences.

- Not all indictable offences are able to be heard summarily. Some serious indictable offences like murder, are not able to be heard summarily. This eligibility requirement is determined by statute.

- The court must deem the offence to be appropriate to be heard and treated summarily, and the accused must also agree.

- Can be a quicker and cheaper way of having an accused's criminal case resolved. it can also reduce the maximum penalty that can be handed down.

Example 1
Using an example, outline the term 'summary offence'. (2 marks)



Firstly, consider the command/task word used. Here, the command/task word is 'outline'. As per the VCAA command glossary, an 'outline' entails providing an overview or the main features of an argument, point of view, text, narrative, diagram or image. In the context of this question, 'outline' would require students to provide an overview of what the concept of a 'summary offence' is. This can be done through providing a definition and highlighting the general features of a 'summary offence'. As the question also asks for an example, students should note down one example of a summary offence. It is also important to note down that this question is worth 2 marks. The amount of marks available in the question plays an important part in showcasing how in-depth one's response needs to be. 

A possible response could be:

- Summary offences refer to less serious/minor criminal offences/crimes that are dealt with summarily in the Magistrates’ Court before a magistrate (there is no jury present for summary offences). Summary offences are typically stated in the Summary Offences Act 1966 (Vic) (though not all summary offences are listed here). An example of a summary offence is drink driving, which is a minor criminal offence.