Common law offences triable summarily
Section 28 of the Criminal Procedure Act 2009 provides that common law offences punishable by not more than 10 years imprisonment or referred to in Schedule 2 may be heard summarily (as long as the requirements of s 29 are satisfied).
Penalties for common law offences are set out in s 320 of the Crimes Act 1958. The offences triable summarily are,
| Offence | Maximum imprisonment |
| Affray | 5 years |
| Breach of prison | 5 years |
| Bribery of public official | 10 years |
| Common assault | 5 years |
| Criminal defamation | 10 years |
| False imprisonment | 10 years |
| Misconduct in public office | 10 years |
| Public nuisance | 5 years |
| Riot | 10 years |
| Rout | 5 years |
| Unlawful assembly | 5 years |
| Wilful exposure | 5 years |
There are two common law offences specifically provided at cl 1 of Schedule 2 of the Criminal Procedure Act 2009 as triable summarily. They are,
1. Common law
1.1. 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.
1.2. 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.
I've added this table to the growing collection on the left side of the homepage. A list of all prescribed offences triable summarily is available here.
2 comments:
what about perjury?
Perjury is described at s 314 Crimes Act 1958. The maximum penalty is 15 years imprisonment.
There's no doubt that perjury has been retained at common law offence but it's not included in the list of offences in s 320.
Perjury is triable summarily because of its inclusion at 4.26 of Schedule 2 of the Criminal Procedure Act 2009, which implies (or at least deals with) perjury as a statutory offence.
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