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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).
In common law jurisdictions, legislation does not always exhaustively define the elements of an offence. For example, section 117 of the Crimes Act 1900 (NSW) states that larceny is an indictable offence punishable for five years, but it does not define the meaning of larceny. [1] [Note 2] The offence of larceny remains defined in NSW by the ...
With reasonable grounds, police have the power to require a person to disclose their identity if the person can assist them in investigating alleged indictable offences. [23] There is also an implied power in the common law to verify someone's identity in circumstances where police can request this information. [4]
Both assault with intent to resist arrest/lawful apprehension and escaping from lawful custody are indictable, the former being so by the mode of trial of the offence, the latter is a common law offence and therefore indictable only. Therefore, these offences—whether fully carried out or merely attempted—are citizen's arrestable in themselves.
Life imprisonment is the most severe criminal sentence available to the courts in Australia.Most cases attracting the sentence are murder.It is also imposed, albeit rarely, for sexual assault, manufacturing and trafficking commercial quantities of illicit drugs, and offences against the justice system and government security.
Under the criminal law of Australia the Criminal Code Act 1995 (Commonwealth) abolished all common law offences at the federal level. [1] The Australian Capital Territory, the Northern Territory, Queensland, Tasmania and Western Australia have also abolished common law offences, but they still apply in New South Wales, South Australia and Victoria.
The District Court of Queensland (QDC) is the second tier in the court hierarchy of Queensland, Australia. [1] The Court deals with serious criminal offences such as rape, armed robbery and fraud. Juries are used to decide if defendants are guilty or not guilty.
Section 24A states that: (1) A person who has possession of: (a) a precursor, or (b) a drug manufacture apparatus, intended by the person for use in the manufacture or production, by that person or another person, of a prohibited drug is guilty of an offence. A common example of this offence includes being in possession of the chemicals and ...