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Sunday, 27 February 2011

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:

COMMON LAW OFFENCES
OffenceMaximum 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:

Gandalf said...

what about perjury?

Dr Manhattan said...

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.