Indictable Offences

Indictable offences are normally decided by a Judge of the District Court or Supreme Court and a jury of twelve individuals. At Lenz Legal we provide expert advice and representation. Our mission at Lenz Legal is to help individuals charged with serious offences achieve the best possible outcome.

Indictable offences can be either:

  • Strictly Indictable
  • Be tried summarily unless the prosecuting authority or the accused elects to have the offences dealt with on indictment (Table 1) including:
    • Reckless wounding
    • Inflict grievous bodily harm
    • Dangerous driving causing grievous bodily harm
    • Stealing or receiving stolen goods over $5,000
    • Break and enter offences under $15,000
    • Drug offences for indictable amounts less than a commercial quantity.
  • Be dealt with summarily unless the prosecuting authority elects to have them dealt with on indictment (Table 2) including:
    • Common assault and assault occasioning actual bodily harm
    • Assault police
    • Malicious damage
    • Take and drive motor vehicle without the consent of the owner

Both Table 1 and Table 2 are contained in Schedule 1 of the Criminal Procedure Act.

As Table 1 offences are more serious, the defendant has the right to elect (choose) to have the matter finalised in the District Court. The decision to have the matter heard by a Magistrate in a Local Court or by a Judge and jury is an important one. The Magistrate may take a different view to a jury of citizens, however, the maximum penalties in the District Court and Supreme Court are greater than in the Local Court.

Call Lenz Legal now for expert advice and highest level of representation.