Is aggravated criminal damage triable either way?

Aggravated criminal damage is set out at s. Section 4 Criminal Damage Act 1971 sets out a maximum penalty of life imprisonment for aggravated criminal damage and aggravated arson. The offences are only triable on indictment.

What are Offences triable on indictment?

An offence that can be tried only in the Crown Court. See indictable offence.

Is indictable offence the most serious?

Indictable offences are the most serious of criminal offences and would include murder, acts of terrorism, robbery, drug trafficking, treason, certain types of sexual assault, and other very serious criminal acts.

What type of offence is aggravated vehicle taking?

Aggravated vehicle taking is a serious criminal offence, combining elements of dishonesty with causing injury to others, damage to property, or driving dangerously. The offence is created by Section 12A of the Theft Act 1968.

Is criminal damage either way?

General. Simple criminal damage is triable either way unless the value of the alleged damage is £5,000 or less, in which case the offence will be treated as if it were triable only summarily.

What Offences can be racially or religiously aggravated?

Racially or religiously aggravated offences

• Serious violent offences.
• Common assault.
• Racially or religiously aggravated criminal damage.
• Fear or provocation of violence and intentional harassment, alarm or distress.
• Harassment, alarm or distress.
• Arrest.
• Harassment.
• Putting people in fear of violence.

How do you know if an offence is indictable?

In NSW, summary offences have a maximum penalty of two years imprisonment. For an offence to be a summary offence, the statute that creates the offence must clearly say that it can be dealt with summarily. If it does not, then the offence is an indictable offence.

What Offences are indictable only?

Indictable only offences are the most serious and include murder, manslaughter and rape. These can only be tried in Crown Court….Examples of either way offences are:

• Theft.
• Burglary.
• Possession of drugs.
• Possession with intent to supply drugs.
• Affray.
• Assault occasioning actual bodily harm.

Is aggravated vehicle taking a summary offence?

The offence of aggravated vehicle-taking The offence is an either way offence. However, when the only aggravated element of the offence is the allegation of damage being caused to the vehicle and/or property, the offence is triable summarily only, if the value of the damage does not exceed £5,000.

What is the punishment for driving whilst disqualified?

Driving whilst disqualified is a very serious offence and one that carries up to 6 months in prison as well as a further period of disqualification.

What counts as criminal damage?

The definition of Criminal Damage: ‘A person who, without lawful excuse, destroys or damages any property belonging to another, intending to destroy or damage any such property, or being reckless as to whether any such property would be destroyed or damaged. ‘

How long do you go to jail for arson?

In the most egregious felony cases where someone starts a fire with the intent to harm or kill someone else, an arson conviction can bring a life sentence. In other situations, convictions for felony arson can bring sentences of anywhere from one to 20 years.

What makes aggravated vehicle taking a criminal offence?

Aggravated Vehicle Taking Aggravated vehicle taking is a serious criminal offence, combining elements of dishonesty with causing injury to others, damage to property, or driving dangerously. The offence is created by Section 12A of the Theft Act 1968. If you are accused of aggravated vehicle taking, the Prosecution must prove that:

Why are indictable offences more serious than summary offences?

This is because, for most indictable offences, the accused person, or the prosecutor (depending on the indictable offence) can actually elect that it be dealt with in the District Court, instead of the Local Court. Criminal charges that are labelled as “indictable offences” are more serious than charges labelled as “summary offences”.

What’s the maximum sentence for aggravated vehicle taking?

The offence of aggravated vehicle taking is an either way offence, meaning that it can be dealt with by either the Magistrates Court or the Crown Court. The maximum sentence in the Magistrates Court is 6 months imprisonment. The Crown Court has the power to impose up to 2 years for most aggravated vehicle taking cases.

What’s the maximum penalty for an indictable offence?

Indictable offences that may be heard and determined summarily (Criminal Procedure Act 2009, Schedule 2) Indictable offences that may be heard and determined by a magistrate are any offence punishable by 10 years imprisonment or less, or a maximum fine not exceeding 1200 penalty units and those contained in the following table.