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3. Application of the Criminal Code

Application of the Criminal Code
Course

Criminal Law A (LAW351)

105 Documents
Students shared 105 documents in this course
Academic year: 2016/2017
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University of Tasmania

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Application of the Criminal Code

Parallel Offences Indictable Offences (crimes) in other Acts

Summary Offences

Crimes Tried Summarily

  1. Parallel offences are offences which appear both in the Code (where they are indictable offences) and in other Acts (where they are summary offences).

  2. By virtue of S36 (1) of the AIA 1931, the definition of the offence and principles of criminal responsibility in the Code apply to a summary offence which has a Code parallel. However, the procedure is summary.

  3. Examples:- a) Assault in S35 (1) POA is a summary offence and it is an indictable offence in S184 Criminal Code.

b) Assaulting a police officer in S34B (1) POA is a summary offence and it is an indictable offence in S114 Criminal Code.

The Code principle applies to all indictable offences found in other Acts – S4 (1) Criminal Code.

Example: - Drug trafficking contrary to S12 Misuse of Drugs Act 2001.

NOTE: These are summary offences with no Code parallel.

Common law principles apply to summary offences: - S4 (3) Criminal Code. Gow v Davies

Generally crimes will be tried on indictment. However, there are some crimes which are triable summarily.

Examples: - (i) S 71 Justices Act 1959 certain property offences in the Code where the value of the property is less than $500, the offence can be tried summarily. (ii) S 72 Justices Act 1959, D has the option of trial in respect of certain crimes in the Code. In such cases although the procedural provisions in the Code don’t apply, the provisions with respect to criminal responsibility continue to do so. (iii) Crimes in other Acts may give D the option of summary trial or trial upon indictment – S36 AIA. If D chooses to be tried summarily, the procedure is summary but the definition and principles of criminal responsibility in the Code apply.

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3. Application of the Criminal Code

Course: Criminal Law A (LAW351)

105 Documents
Students shared 105 documents in this course

University: University of Tasmania

Was this document helpful?
Application of the Criminal Code
Parallel Offences Indictable
Offences (crimes)
in other Acts
Summary Offences Crimes Tried
Summarily
1. Parallel offences are
offences which appear both
in the Code (where they are
indictable offences) and in
other Acts (where they are
summary offences).
2. By virtue of S36 (1) of the
AIA 1931, the definition of
the offence and principles of
criminal responsibility in
the Code apply to a
summary offence which has
a Code parallel. However,
the procedure is summary.
3. Examples:-
a) Assault in S35 (1) POA is
a summary offence and it is
an indictable offence in
S184 Criminal Code.
b) Assaulting a police
officer in S34B (1) POA is a
summary offence and it is
an indictable offence in
S114 Criminal Code.
The Code principle
applies to all
indictable offences
found in other Acts –
S4 (1) Criminal Code.
Example: - Drug
trafficking contrary to
S12 Misuse of Drugs
Act 2001.
NOTE: These are summary
offences with no Code parallel.
Common law principles apply
to summary offences: - S4 (3)
Criminal Code.
Gow v Davies
Generally crimes will be tried on indictment.
However, there are some crimes which are
triable summarily.
Examples: -
(i) S 71 Justices Act 1959 certain
property offences in the Code
where the value of the property is
less than $500, the offence can be
tried summarily.
(ii) S 72 Justices Act 1959, D has the
option of trial in respect of certain
crimes in the Code. In such cases
although the procedural
provisions in the Code don’t
apply, the provisions with respect
to criminal responsibility
continue to do so.
(iii) Crimes in other Acts may give D
the option of summary trial or
trial upon indictment – S36 AIA.
If D chooses to be tried
summarily, the procedure is
summary but the definition and
principles of criminal
responsibility in the Code apply.

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