Crimes Act 1900 No 40
Historical version for 24 September 1993 to 13 November 1993 (accessed 24 May 2013 at 07:33) Current version

(A) INDICTABLE OFFENCES PUNISHABLE SUMMARILY WITHOUT CONSENT

493, 494   (Repealed)

495   Indictable offences punishable summarily without consent of accused: assaults etc

(1)  Proceedings for an offence under section 35A (2), 56, 58, 59, 61, 61L, 61N or 61O (1) may be disposed of in a summary manner before a Local Court constituted by a Magistrate sitting alone.
(2)  The penalty that a Local Court may impose for an offence under section 56, 61 or 61N disposed of under this section is imprisonment for a maximum period of 12 months, or a fine not exceeding 20 penalty units, or both.
(3)  The penalty that a Local Court may impose for an offence under section 35A (2), 58, 59, 61L or 61O (1) disposed of under this section is imprisonment for a maximum period of 2 years, or a fine not exceeding 50 penalty units, or both.
(4)  The provisions of section 56 of the Justices Act 1902 do not apply to proceedings under this section.
(5)  A reference in this section to an offence under a provision of this Act includes a reference to an attempt to commit an offence under the provision.

496   Indictable offences punishable summarily without consent of accused: larceny etc

(1)  Whosoever commits or attempts to commit:
(a)  larceny, or
(b)  the offence of stealing any chattel, money, or valuable security from the person of another, or
(c)  any offence mentioned in section 125, 126, 131, 132, 133, 139, 140, 144, 148, 150, 151, 152, 156, 157, 158, 159, 160, 178A, 178B, 178BA, 178BB, 178C, 179, 184, 185, 185A, 186, 188, 189, 189A, 190, 192, 247, 249B, 249D, 249E or 249F,
      and the amount of money or the value of the property in respect of which the offence is charged, or of the reward, does not exceed $5,000, shall on conviction in a summary manner before two justices be liable to imprisonment for twelve months or to pay a fine not exceeding 50 penalty units or both.
(1A)  If the amount of money or the value of the property does not exceed $2,000, the maximum monetary penalty is 20 penalty units.
(2)  The jurisdiction conferred on two justices by this section shall be exercisable only by a stipendiary magistrate.
(3)  The provisions of section 56 of the Justices Act 1902 shall not apply to proceedings under this section.

496A   Additional indictable offences punishable summarily without consent of accused

(1)  Proceedings for an offence under section 93G, 93H or 154A may be disposed of in a summary manner before a Local Court constituted by a Magistrate sitting alone.
(2)  The penalty that a Local Court may impose for any such offence disposed of under this section is imprisonment for a maximum period of 2 years, or a fine not exceeding 50 penalty units, or both.
(3)  The provisions of section 56 of the Justices Act 1902 do not apply to proceedings under this section.
(4)  A reference in this section to an offence under a provision of this Act includes a reference to an attempt to commit an offence under the provision.

497   General provisions regarding indictable offences punishable summarily without consent of accused

(1)  A Local Court may, in its discretion, decline to deal with an offence under section 495, 496 or 496A.
(2)  Nothing in this section or section 495, 496 or 496A prevents an offence referred to in any of those sections from being dealt with on indictment.
(3)  In this section, Local Court includes a Magistrate.

498, 499   (Repealed)

500   Exception from jurisdiction

Nothing in section 495 shall authorise Justices to hear and determine any case of assault, in which any question arises as to the title to land, or any interest therein, or accruing therefrom, unless such determination does not involve any determination as to the title to the land or to any interest therein or accruing therefrom.
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