Major Indictable Offences
An indictable offence is one that guarantees the defendant the right to a trial by jury. Indictable offences are generally the more serious crimes, and penalties are generally greater than for other offences. Major indictable matters can only be dealt with, whatever the defendant is pleading, in the District or Supreme court. Some examples are murder, robbery, rape, unlawful sexual intercourse, dishonesty and damage property offences (including arson) where the amount involved exceeds $30 000.
The most serious offences, murder, attempted murder and treason, are dealt with in the Supreme court. Other major indictable offences are dealt with in the District court.
Before a person charged with an indictable offence goes to trial, there is usually a committal hearing at which the prosecution's evidence is presented to see if there is enough evidence upon which a conviction could be founded.
There is no time limit to lay a charge for an indictable offence. From 17 June 2003, this includes sexual offences which are alleged to have occurred before December 1982 (these alleged offences were previously immune from prosecution).
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Major Indictable Offences : Last Revised: Tue Nov 1st 2005 |
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