CRIMINAL PROCEEDINGS FOR SUMMARY OFFENCES

When the matter is first listed before the court, the prosecution will provide the defendant a compilation set of facts which is the summary of the case against him or her.

The defendant will indicate to the court that the matter will either be a plea of guilty or not guilty. If the defendant enters a plea of guilty, the magistrate will sentence the defendant.

If a plea of not guilty is indicated, a short brief of evidence may or may not be served on the defendant.

If a plea of not guilty is entered, a brief of evidence must be served by the prosecution on the defendant or defence lawyer.

The brief includes documents regarding the evidence that the prosecution intends to adduce in order to prove the offence which includes:

• written statements taken from all the persons the prosecutor intends to call to give evidence; and
• copies of any document or any other thing identified in any written statement as a proposed exhibit.

Short briefs of evidence contain the following:

• a list of these statements; and
• a summary of what each statement would include.

On the other hand, prosecutors are not required to serve briefs of evidence in the following proceedings:

• an offence for which a penalty notice may be issued;
• an offence for which a fine only can be imposed;
• an offence under s 4 of the Summary Offences Act 1988 (NSW) (offensive conduct);
• an offence under s 110 (PCA offences) and s 112 (DUI offences) of the Road Transport Act 2013 (NSW);
• proceedings under ss 53(3), 54(1)(a), 54(3)(a), 54(4)(a), 54(5)(a)(i) or s 54(5)(b)(i) of the Road Transport Act 2013 (NSW) (driving unlicensed, whilst disqualified or licence suspended or cancelled);
• an offence under s 10 of the Drug Misuse and Trafficking Act 1985 (NSW) (possession of prohibited drugs); and
• an offence under s 16(1) of the Poisons and Therapeutic Goods Act 1966 (NSW) (possession of restricted substances).

The matter will then be scheduled for a hearing before a magistrate.

After reviewing the evidence, the magistrate will either find the offence proven and impose a sentence or dismiss the charge

About Post Author

Mark Racca

Principal Solicitor & Director
LLB, GradDipLegPrac, MPA

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