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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 the case of offences primarily punishable only on summary conviction, the accused, if the maximum punishment is imprisonment for over three months, can choose a jury trial (Summary Jurisdiction Act 1879, s. 17). In the case of offences primarily punishable only on indictment, power to convict summarily is given in the following cases:
Summary conviction, convicting an accused without giving him the benefit of a jury trial and/or indictment. Summary court-martial, the lowest in the rank of courts-martial, conducted before one commissioned officer, limited in jurisdiction to offenses of a minor or petty nature of which enlisted men, not commissioned officers, stand accused.
California Penal Code section 15 defines a "crime" or "public offense" as "an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, any of the following punishments: Death; Imprisonment; Fine; Removal from office; or,
Lockyer v. Andrade, 538 U.S. 63 (2003), [1] decided the same day as Ewing v. California (a case with a similar subject matter), [2] held that there would be no relief by means of a petition for a writ of habeas corpus from a sentence imposed under California's three strikes law as a violation of the Eighth Amendment's prohibition of cruel and unusual punishments.
Placer County District Attorney Morgan Gire, along with local and state officials, gathered for a news conference Tuesday shortly after Nathaniel Evan Cabacungan was sentenced to prison as the ...