165Definitions and application

165 Definitions and application

165 Definitions and application

(1) In this Part—

back up offence, in relation to an indictable offence, means an offence—

(a) that is—

(i) a summary offence, or

(ii) an indictable offence that is capable of being dealt with summarily by the Local Court in accordance with the provisions of Chapter 5, and

(b) all the elements of which are elements that are necessary to constitute the first indictable offence, and

(c) that is to be prosecuted on the same facts as the first indictable offence.

court means the Supreme Court or District Court.

related offence, in relation to an indictable offence, means an offence—

(a) that is—

(i) a summary offence, or

(ii) an indictable offence that is capable of being dealt with summarily by the Local Court in accordance with the provisions of Chapter 5, and

(b) that arises from substantially the same circumstances as those from which the first indictable offence has arisen,

but does not include a back up offence.

(2) This Part extends to proceedings commenced, but not concluded, before the commencement of this Part.

s 165 (previously s 35): Renumbered 2001 No 119, Sch 1 [77]. Am 2001 No 119, Sch 1 [78]; 2007 No 94, Sch 2.