3 Types of Criminal Offences – Guest Post

Generally, Section 3 of the Criminal Code Act 1899 divides offences into 2 major categories. The first is criminal offences and the second is regulatory offences. The first category is further subdivided into 3 types which are crimes, misdemeanours and simple crimes.

So, what acts are considered criminal offences?

3 Types of Criminal Offences

Crimes

The most serious category of criminal offences is otherwise referred to as indictable offences. Crimes are typically prosecuted under a given written charge by a person authorised to prosecute the said criminal offence.

Depending on the circumstances, crimes can be heard before a judge and jury or before a judge alone. The case can also be prosecuted in a District or Supreme Court. However, some of these cases can be dealt with summarily in the Magistrate’s Court under Sections 552(a)-(j) of the Criminal Code.

Below are the crimes that must be decided summarily on prosecution election:

1. Aiding, conveying anything to and setting free a person who is under lawful custody without the approval of authorised personnel;
2. Escaping lawful custody without the approval of an authorised person;
3. Permitting a person under lawful custody to abscond;
4. Contravening orders are set out under the Police Powers and Responsibilities Act 2000 and the Crime and Corruption Act 2001;
5. Assaulting another person with an intent to commit it;
6. Assaulting, resisting and obstructing a police authority in the performance of his duty;
7. Assaulting a person performing his duty under the pretext of an unlawful conspiracy regarding any manufacturing, trading, business, or occupation;
8. Unlawfully assaulting a senior person aged 60 and above;
9. Assaulting a person who relies on remedial assistance or devices such as a wheelchair or aiding dog;
10. Counselling or procuring to commit an assault, aid a person to escape or contravene lawful orders;
11. Attempting to aid the escape of a person who is under lawful custody or contravene a lawful order; and
12. When a person voluntarily becomes an accessory in aiding, conveying anything to and setting free a person who is under lawful custody or in convening a lawful order.

Here are the charges that must be heard in the Magistrate’s Court:

1. Sexual offences and where the aggravating circumstances are appreciated such as when the complainant is at least 14 years old;
2. Assaulting another person and causing him bodily harm;
3. While assaulting another person, pretends to possess a dangerous weapon;
4. Knowing that a child who is 16 years or younger or with an impaired mind is at risk of sexual abuse by an alleged offender who is a member or volunteer of a child care institution and the person knowing it wilfully or negligently fails to eliminate the risk;
5. Administering or attempting to administer an unlawful or dangerous substance into another person’s drink and without the latter’s knowledge;
6. Operating or interfering dangerously with the operation of a vehicle and committing the offence under the influence of an intoxicating substance;
7. Operating or interfering dangerously with the operation of a vehicle and who has previously been indicted of the same or similar offence;
8. Operating or interfering dangerously with the operation of a vehicle under excessive speeding;
9. Unlawfully stalking another person;
10. Providing false or misleading information to the Electoral Commission of Queensland;
11. Bribing or receiving bribes from another person under the pretence that the person’s election conduct will be influenced;
12. Forging or uttering an electoral or referendum paper and forging the signature of another person on an electoral or referendum paper;
13. Voting on behalf of another person;
14. Improperly Influencing another person to vote;
15. Engaging in prostitution and illegal sexual intercourse;
16. Carrying or taking part in a business that pertains to prostitution and illegal sexual intercourse;
17. Obtaining a person who is not an adult to engage in prostitution and illegal sexual intercourse;
18. Knowing and participating in any or part of the activities associated with prostitution or illegal sexual intercourse;
19. Counselling or procuring to commit sexual offences, assault resulting in bodily harm, child sexual abuse, use of dangerous substance, dangerously operating a vehicle, unlawful stalking, election crimes and prostitution;
20. Attempting to commit sexual offences, assault resulting in bodily harm, child sexual abuse, use of dangerous substance, dangerously operating a vehicle, unlawful stalking, election crimes and prostitution; and
21. When a person voluntarily becomes an accessory to committing sexual offences, assault resulting in bodily harm, child sexual abuse, use of dangerous substance, dangerously operating a vehicle, unlawful stalking, election crimes and prostitution.

The following, on the other hand, are crimes that may be heard and decided summarily or the defendant may elect for a jury trial:

1. Offences categorised as stealing such that a person fraudulently takes something or converts something into his ownership without the knowledge or consent of the person who legally owns it;
2. When the Magistrate Court must abstain from hearing the case under the pretext that it may not be adequately punished on summary conviction.

Another important matter that must be considered in indictable offences is that the offender can be arrested without a warrant. In the same light, searches in the premises involves in the commission of the crime can also be done without a warrant.

Misdemeanour

The second type of criminal offences is misdemeanour. These are typically categorised as minor indictable offences. Like crimes, misdemeanours usually fall under a higher court system. However, they may also be decided in the Magistrate’s Court in the event that the prosecution or the defence choose to do so, or as required by law.

Generally, crimes and misdemeanours are similar in scope, the main difference is that for misdemeanours, the arresting police must obtain and use a warrant of arrest or search warrant to legally take the person or persons committing the crime in custody.

Simple Offences

The last type of criminal offences are categorised as simple offences. They are otherwise referred to summary or non-indictable offences. Neither should they fall under the definition of regulatory offences under the Regulatory Offences Act.

Here are the common simple offences under the Criminal Code Act:

1. Drink Driving;
2. Over Speeding; and
3. Public nuisance.

Simple offences are heard and litigated in the Magistrate’s Court. However, if the simple offence is committed with an indictable offence and the offender intended to plead guilty to both crimes, he may apply for both offences to be heard simultaneously in a higher tribunal such as the District Court.

All these three types of criminal offences are punishable by law but the sentencing may vary depending on the outcome of the case in their respective tribunals. In some cases, penalties may involve imprisonments, fines or both.

If you are charged with any of these criminal offences, it helps to have a reliable legal team who can defend your cause in court.

Contact Smith Criminal Law for the best criminal defence lawyers on The Sunshine Coast!