COMMON CRIMINAL OFFENCES UNDER THE CRIMINAL CODE AND WHERE THEY MUST BE FINALISED

If the police charged you with a criminal offence in Queensland, the first court you will appear in is the Magistrates Court. The criminal offence you are charged with will determine where it is finalised. For example, some criminal offences are finalised in the Magistrates Court, while others are finalised in the District or Supreme Court. You need to know which Court the offence you are charged with will be finalised in, because this will determine the path it takes through the criminal justice system. We have detailed below many of the common criminal offences and the Courts they are each finalised in. You will note for some offences, the law allows the defendant or the prosecution to elect which Court the charge is finalised in.

Please note if the offence you are charged with must be finalised in the Magistrates Court, or you can elect for it to be finalised in the Magistrates Court, the Magistrate can refuse to deal with the charge. If the Magistrate is of the opinion, you would not be adequately punished for the offence in the Magistrates Court, then the charge must be committed to the District Court.

 

 

What happens if I am charged with offences to be finalised in the Magistrates Court (summary offences) and offences to be finalised in the District Court or Supreme Court (indictable offences)?

It is common for persons to be charged with offences that must be finalised in the Magistrates Court, and with offences to be finalised in the District or Supreme Court. For example, police may search a person’s home and charge the person with drug offences that must be finalised in the Magistrates Court, and other offences that must be finalised in the District Court. In this situation, the offences that must be finalised in the District Court will proceed through the Magistrates Court to the District Court. The remaining offences will stay in the Magistrates Court until the defendant decides what they are doing with the indictable offences.

If there is a connection between the summary offences and the indictable offences and the defendant pleads guilty, it is possible for the District or Supreme Court to deal with all charges. To do this, the summary charges must be transmitted to the District or Supreme Court by a Section 651 Criminal Code 1899 Application.

LEARN MORE ABOUT HOW SUMMARY CHARGES ARE FINALISED IN THE MAGISTRATES COURT

If your charge must be finalised in the Magistrates Court, then you will want to know the process for summary charges in the Court. Please click the link below to learn more about the process.

LEARN MORE ABOUT HOW INDICATBLE OFFENCES PROCEED THROUGH THE MAGISTRATES COURT

If your charge must be finalised in the District or Supreme Court, then you will want to know the process the charge will follow in the Magistrates Court. Please click the link below to learn more about the process.

Must be finalised in the Magistrates Court. 

Must be finalised in Supreme Court.

Must be finalised in the District Court. 

Must be finalised in the District Court. 

Must be finalised in the Magistrates Court. 

Must be finalised in the Magistrates Court.

Exception: The defendant can elect for the charge to be finalised in the District Court.

 

Must be finalised in the Magistrates Court.

Exception: The defendant can elect for the charge to be finalised in the District Court.

Must be finalised in the District Court.

Exception:  If the complainant was 14 years or older and the defendant is pleading guilty, the defendant can elect for the charge to be finalised in the Magistrates Court.

Must be finalised in the Supreme Court. 

Must be finalised in the Magistrates Court.

Exception: The defendant can elect for the charge to be finalised in the District Court.

Must be finalised in the District Court.

Exception:  If the complainant was 14 years or older and the defendant is pleading guilty, the defendant can elect for the charge to be finalised in the Magistrates Court.

Must be finalised in the District Court.

Exception:  If the complainant was 14 years or older and the defendant is pleading guilty, the defendant can elect for the charge to be finalised in the Magistrates Court.

Must be finalised in the District Court. 

Must be finalised in the Magistrates Court.

Exception: if there is an indictable offence committed in the premises and the indictable offence is to be heard on indictment or would be required to be heard on indictment if the charge were laid, then this offence must go to the same court as where the indictable offence is being finalised. If the damage caused by the break is valued at $30,000 or more and the defendant does not plead guilty, then the offence must be finalised in the District Court.

Must be finalised in the Magistrates Court.

Exception: where the stolen goods are valued at $30,000 or more, and the defendant is pleading not guilty, then the charge must be finalised in the District Court.

 

Must be finalised in the Magistrates Court.

Exception: if there is an indictable offence committed in the dwelling and the indictable offence is to be heard on indictment or would be required to be heard on indictment if the charge were laid, then this offence must go to the same court as where the indictable offence is being finalised.

Burglary – (Enters or is in the dwelling with intent to commit an indictable offence)- s419(1) Criminal Code 1899 (Qld).

Must be finalised in the Magistrates Court.

Exception: where the value of property damage is valued at $30,000 or more, and the defendant is pleading not guilty, then the charge must be finalised in the District Court.

Must be finalised in the District Court.

Exception:  If the complainant was 14 years or older and the defendant is pleading guilty, the defendant can elect for the charge to be finalised in the Magistrates Court.

Must be finalised in the Magistrates Court. 

Must be finalised in the Supreme Court. 

Must be finalised in the Magistrates Court. 

Must be finalised in the Magistrates Court.

Exception: if there is an indictable offence committed in the premises and the indictable offence is to be heard on indictment or would be required to be heard on indictment if the charge were laid, then this offence must go to the same court as where the indictable offence is being finalised.

Must be finalised in the District Court. 

Must be finalised in the Magistrates Court.

Exception: if the value of the yield to the defendant, or the detriment caused, is $30,000 or more and the defendant does not plead guilty, then the charge must be finalised in the District Court.

Must be finalised in the Magistrates Court.

Exception: if the value of the yield to the defendant, or the detriment caused, is $30,000 or more and the defendant does not plead guilty, then the charge must be finalised in the District Court.

Must be finalised in the Magistrates Court.

Must be finalised in the District Court. 

Must be finalised in the Magistrates Court.

Must be finalised in the District Court.

Exception:  If the complainant was 14 years or older and the defendant is pleading guilty, the defendant can elect for the charge to be finalised in the Magistrates Court.

Must be finalised in the District Court.

Exception:  If the complainant was 14 years or older and the defendant is pleading guilty, the defendant can elect for the charge to be finalised in the Magistrates Court.

Must be finalised in the Supreme Court. 

Must be finalised in the Supreme Court. 

Must be finalised in the Supreme Court. 

Must be finalised in the District Court.

Exception:  If the complainant was 14 years or older and the defendant is pleading guilty, the defendant can elect for the charge to be finalised in the Magistrates Court.

Must be finalised in the Magistrates Court.

Exception: where the stolen goods are valued at $30,000 or more, and the defendant is pleading not guilty, then the charge must be finalised in the District Court.

Must be finalised in the District Court.

Must be finalised in the District Court.

Exception: the prosecution can elect for the charge to be finalised in the Magistrates Court.

 

Must be finalised in the District Court.

Exception:  If the complainant was 14 years or older and the defendant is pleading guilty, the defendant can elect for the charge to be finalised in the Magistrates Court.

Must be finalised in the Magistrates Court.

Exception: where the stolen goods are valued at $30,000 or more, and the defendant is pleading not guilty, then the charge must be finalised in the District Court.

Must be finalised in the District Court.

Must be finalised in the District Court.

Must be finalised in the Magistrates Court.

Exception: if the value of the property damage is $30,000 or more, and the defendant is pleading not guilty then the charge must be finalised in the District Court.

Must be finalised in the Magistrates Court.

Exception: The defendant can elect for the charge to be finalised in the District Court.

Must be finalised in the Magistrates Court.

Exception: where the value of the motor vehicle, aircraft or vessel is $30,000 or more, and the defendant is pleading not guilty, then the charge must be finalised in the District Court.

 

Must be finalised in the Magistrates Court.

Exception: where the charge for the indictable offence that was to be facilitated or was facilitated is to be heard and decided on indictment, or would be required to be heard and decided on indictment if the charge were laid, then the charge must be finalised in the District Court.

Must be finalised in the District Court.

Exception:  If the child was 14 years or older and the defendant is pleading guilty, the defendant can elect for the charge to be finalised in the Magistrates Court.

 

Must be finalised in the Magistrates Court.

Exception: where the value of the destruction/damage/detriment/interference with the motor vehicle, aircraft or vessel is $30,000 or more, and the defendant is pleading not guilty or where the value of the motor vehicle, aircraft or vessel is $30,000 or more, and the defendant is pleading not guilty, then the charge must be finalised in the District Court. 

 

Must be finalised in the Magistrates Court.

Exception: if the wilful damage is destroying or damaging premises by explosives, or Sea walls and other property or to railways, or to aircraft or to other things of special value (vessel etc.) the charge must be finalised in the  District Court.

 

Must be finalised in the District Court. 

WE ARE YOUR BEST DEFENCE. CALL THE CRIMINAL LAWYERS BRISBANE GROUP NOW!