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Section 72 - Justices Act 1959 - Other crimes triable summarily | Zoe
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Explain section 72 Other crimes triable summarily
[Section 72 Substituted by No. 108 of 1974, s. 22 ]
(1) [Section 72 Subsection (1) amended by No. 22 of 2007, s. 15, Applied:01 Feb 2008] [Section 72 Subsection (1) amended by No. 22 of 2007, s. 15, Applied:01 Feb 2008] [Section 72 Subsection (1) amended by No. 22 of 2007, s. 15, Applied:01 Feb 2008]
(a) under a section of the Criminal Code referred to in Part I of Schedule 3 ;
(b) [Section 72 Subsection (1) amended by No. 44 of 2004, s. 38, Applied:16 Nov 2004] [Section 72 Subsection (1) amended by No. 44 of 2004, s. 38, Applied:16 Nov 2004] [Section 72 Subsection (1) amended by No. 27 of 2020, s. 17, Applied:01 Jul 2021] [Section 72 Subsection (1) amended by No. 27 of 2020, s. 17, Applied:01 Jul 2021] Criminal Code referred to in Part II of that Schedule, in respect of property the value of which exceeds $20 000 and does not exceed $100 000;
(c) [Section 72 Subsection (1) amended by No. 12 of 2000, s. 4, Applied:28 Apr 2000] [Section 72 Subsection (1) amended by No. 27 of 2020, s. 17, Applied:01 Jul 2021] section 244 or 245(a)(iii) of the Criminal Code in respect of property the value of which exceeds $20 000, except where it is alleged in the complaint that–
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(d) [Section 72 Subsection (1) amended by No. 44 of 2004, s. 38, Applied:16 Nov 2004] [Section 72 Subsection (1) amended by No. 44 of 2004, s. 38, Applied:16 Nov 2004] [Section 72 Subsection (1) amended by No. 27 of 2020, s. 17, Applied:01 Jul 2021] [Section 72 Subsection (1) amended by No. 27 of 2020, s. 17, Applied:01 Jul 2021] section 278 or 279 of the Criminal Code in respect of a document, seal, or die which relates to an amount exceeding $20 000 and not exceeding $100 000, whether as the consideration for a transaction or dealing or otherwise–
the justices, as specified in section 55 or 58 and in the prescribed form of words or in words of like import, may ask the defendant if he is willing to be tried or sentenced by the justices instead of by jury and, if that person, or, if he is under the age of 17 years, his parent or guardian, does not object to his being tried or sentenced by the justices, the section creating the offence shall be deemed to have created a simple offence and the complaint shall be dealt with accordingly, subject to the provisions of this section.
(2) [Section 72 Subsection (2) amended by No. 22 of 2007, s. 15, Applied:01 Feb 2008] subsection (1) applies, if the complainant, before the defendant is asked whether he objects to being tried or sentenced by the justices, shows to the justices that the defendant–
(a) is under committal to the Supreme Court for trial or sentence; or
(b) has been charged with an offence for which he may be so committed, the proceedings in respect of which are pending or not concluded–
and requests that the procedure provided by this section shall not apply, the justices may proceed as if this section had not been enacted.
(3) [Section 72 Subsection (3) inserted by No. 27 of 2020, s. 17, Applied:01 Jul 2021]
(a) a person is brought before justices for more than one offence referred to in section 71(1) that –
(i) are joined in a single complaint; or
(ii) are substantially from the same course of conduct or founded on the same facts; and
(b) the total value specified in the charges for those offences exceeds $20 000 but does not exceed $100 000 –
the person may elect to have the offence tried or sentenced by the justices.
(5) [Section 72 Subsection (5) inserted by No. 27 of 2020, s. 17, Applied:01 Jul 2021]
(a) the person is brought before justices for more than one offence referred to in this section that –
(i) are joined in a single complaint; or
(ii) are substantially from the same course of conduct or founded on the same facts; and
(b) the total value specified in the charges for those offences exceeds $100 000.