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Act index » Chapter 3 - Summary procedure » Part 3.1 - When a summary hearing may be held
28 Indictable offences that may be heard and determined summarily
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(1)A charge for any of the following indictable offences may be heard and determined summarily by the Magistrates' Court, if section 29 is satisfied—
(a)an offence referred to in Schedule 2;
(b)an indictable offence under an Act or subordinate instrument or an offence at common law if the offence is described by an Act or subordinate instrument as being—
(i)a level 5 offence or level 6 offence; or
(ii)punishable by level 5 or level 6 imprisonment or fine or both; or
(iii)punishable by a term of imprisonment not exceeding 10 years or a fine not exceeding 1200 penalty units or both— unless the contrary intention appears in this or any other Act or in any subordinate instrument.
A level 5 offence is punishable by 10 years imprisonment maximum and a level 6 offence is punishable by 5 years imprisonment maximum: section 109 of the Sentencing Act 1991.
(2)If an indictable offence is described as being punishable in more than one way or in one of 2 or more ways, all of those ways must be referred to in subsection (1) for subsection (1) to apply.
(3)If an indictable offence referred to in Schedule 2 is qualified by reference to a specified amount or value or a specified kind of property, that qualification is not affected by subsection (1)(b) or (2).