ACTIn ForceAct
Magistrates Court Act 1930
92ACommittal for sentence for indictable offence tried
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92A Committal for sentence for indictable offence tried
summarily
(1) On the summary conviction of a person charged with an indictable
offence, the court may, if it appears to it that because of the character
and antecedents of the person it is desirable that sentence be passed
on the person by the Supreme Court, commit the person for sentence
to the sittings of the Supreme Court that the court directs.
(2) If the court commits a person for sentence under subsection (1), the
court must––
(a) deal with the person in the same way as a person who is
committed for trial under section 94 (1) (b) (Discharge or
committal for trial); and
(b) if the person has been charged with a back-up or related
offence—deal with the back-up or related offence in accordance
with section 94 (2).
(3) The Supreme Court has the same powers of sentencing or otherwise
dealing with a person committed for sentence under this section as it
would have had if the person had been convicted in that court.
(4) This section does not apply to the summary conviction of a person
charged with an indictable offence if the case was dealt with
summarily under the Crimes Act, section 374 (Summary disposal of
certain cases at prosecutor’s election).
Indictable offences—proceedings after hearing of evidence Division 3.5.3