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Indictable Offences

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

As Table 1 offences are more serious, the defendant has the right to choose to have the matter finalised in the Local Court or to elect to have it committed to the District Court.  The maximum penalties in the District Court are greater than in the Local Court.

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