U1 AOS2 - Types of Crimes and Summary vs. Indictable Offences

Question 1

Crimes against the person

Answer 1

• homicide, sexual offences, robbery

Question 2

Crimes against property

Answer 2

• arson, theft, property damage

Question 3

Drug offences

Answer 3

• trafficking, using, possession

Question 4

Public order and security offences

Answer 4

• terrorism, grossly offensive conduct

Question 5

Justice procedure offences

Answer 5

-perjury, breach of court order

Question 6

Other offences (1)

Answer 6

• driving offences, public transport fare evasion

Question 7

Other offences (cyber-crime)

Answer 7

• in which the use of IT is an essential/central part of the offending
• e.g. hacking financial info, introducing viruses

Question 8

Other offences (hate crime)

Answer 8

• motivated by prejudice, intolerance, or bias towards the victim based on personal characteristics
• e.g. racial vilification, gender-based discrimination

Question 9

Other offences (organised crime)

Answer 9

• undertaken in a planned and ongoing manner by organised syndicates or gangs
• e.g. drug manufacturing, drug trafficking

Question 10

Other offences (juvenile crime)

Answer 10

• undertaken by a person aged 10-18

Question 11

Other offences (white-collar crime)

Answer 11

• undertaken by people who work in government, business, or corporate areas
• e.g. investment scams, tax evasion

Question 12

Summary offences

Answer 12

• minor or less serious criminal offences
• characteristics:
  
  • heard in the Magistrates Court
  • Many contained in the Summary Offences Act 1966 (Vic)
  • Heard by Magistrate alone/no jury
  • Law enforcement sometimes has the power to issue warnings or fines on the spot rather than have the matter come to court
  • e.g. disorderly conduct, drink-driving, minor assault

Question 13

Indictable offences

Answer 13

• more serious criminal offences
• characteristics:
  
  • heard in County/Supreme Court of Victoria
  • usually heard by judge and jury/occasional judge only trials possible
  • offences listed in the Crimes Act 1959 (Vic) are indictable unless otherwise stated
  • e.g. murder, culpable driving, rape

Question 14

Indictable offences heard summarily

Answer 14

• the Criminal Procedure Act 2009 (Vic) lists less serious indictable offences that can be heard summarily (Mag. Court)
• criminal damage less than $100K, theft less than $100K and less serious assault
• Benefits:
  
  • faster/cheaper than trial by jury in high courts
  • the maximum term is two years for a single offence, and 5 years for multiple
• Requirements:
  
  • offence can’t be punishable by more than 10 years imprisonment or a fine greater than 1200 penalty units ($230K)
  • accused must consent
  • the court must determine that it’s appropriate (Magistrate in Committal Proceeding decides this)