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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.
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).
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury (in contrast to a summary offence).
Section 18 - Provisions as to time limits on summary proceedings for indictable offences; Section 19 - Initial procedure on information for offence triable either way; Section 20 - Court to begin by considering which mode of trial appears more suitable; Section 21 - Procedure where summary trial appears more suitable
In Canada and Ireland, these are known as hybrid offences, whereas in England and Wales, these are known as either way offences, and can only be heard summarily with the defendant's consent and if a magistrates' court finds that matter is suitable for summary trial. In Victoria, Australia, they are called indictable offences triable summarily ...
Following a section of introductory text, the act outlines the relevance of its content in the first section to persons charged with a summary offence, indictable offence or one that is triable either way, as well as the criminal investigation into such an offence and as to whether such a person should be charged with the offence or found guilty of it once charged. [2]
This offence is triable either way. [21] A person guilty of this offence is liable, on conviction on indictment to imprisonment for a term not exceeding two years, [22] or, on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both. [23]
In Canada, the Criminal Code makes robbery an indictable offence, subject to a maximum penalty of life imprisonment. If the accused uses a restricted or prohibited firearm to commit robbery, there is a mandatory minimum sentence of five years for the first offence, and seven years for subsequent offences.