ADPP - Acts And Offences: Questions With Solutions
List the four Divisions of Offences Right Ans - Strictly Indictable, serious
indictable, minor indictable, summary
Define and give example of a strictly indictable offence Right Ans - An
offence that cannot be dealt with summarily before a local magistrate. E.g:
Murder
Define and give example of serious indictable offence Right Ans - Crimes
Act 1900 s.4: "[A]n indictable offence that is punishable by imprisonment for
life or a term of 5 years or more". E.g: Larceny value more than $5000
Define and give example of minor indictable offence Right Ans - Crimes Act
1900 s.4: "[A]n indictable offence that is not a serious indictable offence". i.e
less than 5 years imprisonment E.g: Larceny value $5000 or less
Define and give example of summary offence Right Ans - an offence that is
heard and determined in a local court by a magistrate sitting alone and has a
maximum imprisonment of 2yrs. E.g: offensive conduct
Who elects for an offence to be tried by indictment Right Ans - Prosecutor
or defence if offence is listed in Table 1 of Criminal Procedure Act 1986
Schedule 1.
Prosecutor only if offence is listed in Table 2 of the same Act and Part.
Define the term 'Elements/Proofs of the offence' Right Ans - These are the
requisites by law for an offender to be tried for an offence and for Standard of
Proof to be justified
List three key elements of a Table 1 offence Right Ans - 1. Violence
2. Property value exceeds $5000
3. serious injuries are involved
List three key elements of a Table 2 offence Right Ans - 1. violence less than
a T1 offence
2. Property value is $5000 or less
3. injuries are less than serious
List the four Divisions of Offences Right Ans - Strictly Indictable, serious
indictable, minor indictable, summary
Define and give example of a strictly indictable offence Right Ans - An
offence that cannot be dealt with summarily before a local magistrate. E.g:
Murder
Define and give example of serious indictable offence Right Ans - Crimes
Act 1900 s.4: "[A]n indictable offence that is punishable by imprisonment for
life or a term of 5 years or more". E.g: Larceny value more than $5000
Define and give example of minor indictable offence Right Ans - Crimes Act
1900 s.4: "[A]n indictable offence that is not a serious indictable offence". i.e
less than 5 years imprisonment E.g: Larceny value $5000 or less
Define and give example of summary offence Right Ans - an offence that is
heard and determined in a local court by a magistrate sitting alone and has a
maximum imprisonment of 2yrs. E.g: offensive conduct
Who elects for an offence to be tried by indictment Right Ans - Prosecutor
or defence if offence is listed in Table 1 of Criminal Procedure Act 1986
Schedule 1.
Prosecutor only if offence is listed in Table 2 of the same Act and Part.
Define the term 'Elements/Proofs of the offence' Right Ans - These are the
requisites by law for an offender to be tried for an offence and for Standard of
Proof to be justified
List three key elements of a Table 1 offence Right Ans - 1. Violence
2. Property value exceeds $5000
3. serious injuries are involved
List three key elements of a Table 2 offence Right Ans - 1. violence less than
a T1 offence
2. Property value is $5000 or less
3. injuries are less than serious
