CRIMES ACT 1914

Part IA - General  

SECTION 4J   Certain indictable offences may be dealt with summarily  

(1)  
Subject to subsection (2), an indictable offence (other than an offence referred to in subsection (4)) against a law of the Commonwealth, being an offence punishable by imprisonment for a period not exceeding 10 years, may, unless the contrary intention appears, be heard and determined, with the consent of the prosecutor and the defendant, by a court of summary jurisdiction.

(2)  
Subsection (1) does not apply in relation to an indictable offence where, under a law of the Commonwealth other than this Act, that offence may be heard and determined by a court of summary jurisdiction.

(3)  
Subject to subsection (6), where an offence is dealt with by a court of summary jurisdiction under subsection (1), the court may impose:


(a) where the offence is punishable by imprisonment for a period not exceeding 5 years - a sentence of imprisonment for a period not exceeding 12 months or a fine not exceeding 60 penalty units, or both; or


(b) where the offence is punishable by imprisonment for a period exceeding 5 years but not exceeding 10 years - a sentence of imprisonment for a period not exceeding 2 years or a fine not exceeding 120 penalty units, or both.

(4)  


A court of summary jurisdiction may, if it thinks fit, upon the request of the prosecutor, hear and determine any proceeding in respect of an indictable offence against a law of the Commonwealth if the offence relates to property whose value does not exceed $5,000.

(5)  
Subject to subsection (6), where an offence is dealt with by a court of summary jurisdiction under subsection (4), the court may impose a sentence of imprisonment for a period not exceeding 12 months or a fine not exceeding 60 penalty units, or both.

(6)  
A court of summary jurisdiction shall not impose under subsection (3) or (5):


(a) a sentence of imprisonment for a period exceeding the maximum period that could have been imposed had the offence been tried on indictment;


(b) a fine exceeding the maximum fine that could have been imposed had the offence been so tried; or


(c) both a sentence of imprisonment and a fine if the offence is punishable on trial on indictment by a sentence of imprisonment or a fine, but not both.

(7)  


This section does not apply to an offence against:


(a) (Repealed by No 67 of 2018)


(b) Division 80 of the Criminal Code (treason, urging violence and advocating terrorism or genocide); or


(c) Division 82 of the Criminal Code (sabotage); or


(d) Division 91 of the Criminal Code (espionage); or.


(e) Division 92 of the Criminal Code (foreign interference).




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