NSW Criminal Offences Guide: Summary, Indictable, and Serious Indictable Offences

Understanding Criminal Offence Categories in NSW

At Invictus Legal, we provide expert legal representation across all categories of criminal offences in New South Wales. Understanding the classification of your charge is crucial to navigating the legal process effectively.

Criminal offences in NSW are broadly categorized as:

• Summary offences - Less serious offences heard in the Local Court

• Indictable offences - More serious offences that may be heard in higher courts

• Serious indictable offences - The most serious offences with penalties of 5+ years imprisonment

Summary Offences in NSW

Summary offences are less serious criminal matters that are always dealt with in the Local Court before a Magistrate. The prosecution must commence proceedings within 6 months of the alleged offence.

Key characteristics of summary offences:

• Maximum penalty generally does not exceed 2 years imprisonment

• Faster resolution than indictable offences

• No jury trials

• Cannot be prosecuted after 6 months from the date of the alleged offence

Common summary offences include:

• Offensive language in public

• Offensive conduct

• Failing to leave licensed premises

• Custody of a knife in a public place

• Custody of graffiti implements

• Peeping or prying

• Drink driving and most traffic offences

• Obscene exposure

• Obstructing traffic

Elements the prosecution must prove:

• The identity of the accused

• The conduct occurred as alleged

• The conduct occurred in the relevant jurisdiction

• The conduct occurred within the past 6 months

• Any specific intent or knowledge required by the offence

Indictable Offences in NSW

Indictable offences are more serious criminal matters that can potentially be heard in the District or Supreme Court, though many can be dealt with "summarily" in the Local Court.

Table 1 Indictable Offences

Table 1 offences are more serious, and either the prosecution or defence can elect to have them heard in the District Court.

Common Table 1 offences include:

• Reckless wounding

• Causing grievous bodily harm

• Robbery

• Break and enter offences

• Larceny over $5,000

• Public order offences such as riot

• Escaping lawful custody

• Identity fraud offences

• Participation in a criminal group

• Drug offences (between indictable and commercial quantities)

Elements the prosecution must prove:

• The specific elements of the offence as defined in legislation

• The mental element (mens rea) required for the offence

• The physical element (actus reus) of the offence

Table 2 Indictable Offences

Table 2 offences are less serious than Table 1, and only the prosecution can elect to have them heard in the District Court.

Common Table 2 offences include:

• Common assault

• Assault occasioning actual bodily harm

• Sexual touching

• Stalking and intimidation

• Recording intimate images without consent

• Larceny under $5,000

• Animal cruelty

• Possession of break-in implements

  
  

Elements the prosecution must prove:

• The specific elements of the offence as defined in legislation

• Any intent or knowledge required for the offence

• The conduct occurred as alleged

Strictly Indictable Offences

Strictly indictable offences are the most serious and must be dealt with in the District or Supreme Court.

Examples include:

• Murder

• Manslaughter

• Sexual assault

• Kidnapping

• Drug supply (commercial quantity)

• Money laundering

Elements the prosecution must prove:

• The specific elements of the offence as detailed in the Crimes Act

• The requisite intent or mental state

• The conduct as defined in the charge

Serious Indictable Offences

A serious indictable offence is any indictable offence carrying a maximum penalty of 5 years imprisonment or more, as defined in section 4 of the Crimes Act 1900 (NSW).

Characteristics of serious indictable offences:

• Potentially severe penalties, including lengthy imprisonment

• More complex legal proceedings

• May involve committal proceedings before transfer to higher courts

• No statute of limitations for prosecution

Penalties and Sentencing

When offences are dealt with in the Local Court, Magistrates are restricted to imposing a maximum penalty of:

• 2 years imprisonment for a single offence

• 5 years aggregate sentence for multiple offences

• Fines up to $11,000 for Table 1 offences

• Fines up to $5,500 for most Table 2 offences

When matters proceed to the District or Supreme Court, judges can impose the maximum penalty provided by law, which may be significantly higher than Local Court penalties.

The Committal Process

Indictable offences that proceed to higher courts follow a committal process in the Local Court:

1. Brief service orders are made

2. Evidence is served on the defence

3. Charge certificate is filed by the prosecution

4. Case conference between prosecution and defence

5. Matter is listed for committal

6. Case proceeds to District or Supreme Court for sentence or trial

How Invictus Legal Can Help

At Invictus Legal, our experienced criminal defence lawyers provide expert representation for all criminal matters in NSW. We understand the complex legal frameworks governing different categories of offences and can guide you through every stage of your case.

Our legal team offers:

• Expert legal advice on the specific nature of your charges

• Strategic defence planning based on the category of your offence

• Representation in all courts across NSW

• Skilled negotiation with prosecutors

• Comprehensive case preparation

• Clear explanation of your legal options

Contact Invictus Legal today for a confidential consultation regarding your criminal matter. Our dedicated team will provide the skilled representation you need to achieve the best possible outcome for your case.