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All non-summary offences are indictable: the available penalties are greater for indictable offences than for summary offences. These in turn may be divided into three categories: 1. Very serious indictable-only offences including treason and murder (section 235) [2] that are listed in section 469 of the Criminal Code. [2]
In Canada, an indictable offence is a crime that is more serious than a summary offence. Examples of indictable offences include theft over $5,000, breaking and entering, aggravated sexual assault, and murder. Maximum penalties for indictable offences are different depending on the crime and can include life in prison. There are minimum ...
The Melbourne Magistrates' Court.In Victoria, Australia, all summary offences are heard in the Magistrates' Court. A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, [1] [2] [3] without the right to a jury trial and/or indictment (required for an indictable offence).
Hybrid offences can either be summary offences (minor crimes) or indictable offences (major crimes). [1] For most indictable offences, a person has the right to trial by jury. A hybrid offence is the most common type of charge in Canada. There are three types of charges and each will affect when one can apply for a Record Suspension.
An indictment (/ ɪ n ˈ d aɪ t m ən t / [1] in-DYTE-mənt) is a formal accusation that a person has committed a crime.In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an indictable offence, an offence that requires an indictment.
In addition, unless waived by the court, the defendant is required to pay a victim fine surcharge in addition to whatever else the judge imposes as sentence. The surcharge is 30% of the fine imposed or, if no fine is imposed, $100 for an indictable offence and $50 for an offence punishable on summary conviction.
[9] [10] These jurisdictions have generally adopted some other classification (in the UK the substance of the original distinction remains, only slightly altered): in the Commonwealth nations of Australia, [11] Canada, [12] New Zealand, [13] and the United Kingdom, [14] [15] the crimes are divided into summary offences and indictable offences. [16]
Criminal law cases heard before the Court are summary conviction offences, less serious indictable offences under section 553 of the Criminal Code, [8] and indictable offences where the defendant has elected to have his or her trial heard in the Ontario Court of Justice (excluding offences found under section 469 of the Criminal Code – murder ...