AN INTRODUCTION TO INDICTABLE OFFENCES

In South Australia, serious crimes are known as indictable offences. The punishments and penalties are more severe compared to summary offences. This also means the Defendants (those answerable to the charge) are offered greater protection against an unjust or unfair conviction in the standard of proof and liability required. The two types of indictable offences are major and minor. Major indictable offences are dealt within the District or Supreme Courts (Superior Courts) while minor indictable offences are generally dealt within the Magistrates Court. The party charged with a minor indictable offence can also choose to have their case heard in the Superior Courts. This means the defendant may choose to have a jury trial. If so, the case will be moved to the District Court.

Cases in the Magistrates Court allow the police to prosecute until a charge determination is made. A charge determination will be made by the Department of Public Prosecution (DPP) to decide and select the appropriate charge to proceed with, upon receiving a brief for the indictable matter. If the accused is charged with a minor indictable offence and chooses to have their case heard in the Magistrates Court, the decision will be made by a judge. A conviction can only be made if guilt is proven beyond a reasonable doubt. However, in some instances, the accused may plead guilty.

Some examples of minor indictable offences contained in the act are theft, deception or property damage resulting a loss of $2501 to $30 000 total, serious criminal trespass, illegal use or interference with a motor vehicle, indecent assault, stalking and gross indecency.

If you have been charged with a minor or major indictable offence or any indictable offence and you want to defend the charge or require advice, Straits Lawyers are here to help. We are now offering online services in both English and Chinese.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.