sec.754AProceedings for particular offences against s 754

### sec.754A Proceedings for particular offences against s 754 A charge of an offence against section 754 (2) with a circumstance of aggravation under section 754 (3) must be heard and decided summarily if the prosecution elects to have the charge heard and decided summarily. The maximum penalty that may be imposed on a summary conviction for an offence against section 754 (2) with a circumstance of aggravation under section 754 (3) is 3 years imprisonment. The Magistrates Court must abstain from dealing summarily with a charge of an offence against section 754 (2) with a circumstance of aggravation under section 754 (3) if satisfied, at any stage and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction. If the Magistrates Court abstains from jurisdiction— the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and the proceeding for the charge must be conducted as a committal proceeding; and a plea of the defendant at the start of the hearing must be disregarded; and the evidence already heard by the court is taken to be evidence in the committal proceeding; and the Justices Act 1886 , section 104 must be complied with for the committal proceeding. s 754A ins 2023 No. 11 s 16 (sec.754A-ssec.1) A charge of an offence against section 754 (2) with a circumstance of aggravation under section 754 (3) must be heard and decided summarily if the prosecution elects to have the charge heard and decided summarily. (sec.754A-ssec.2) The maximum penalty that may be imposed on a summary conviction for an offence against section 754 (2) with a circumstance of aggravation under section 754 (3) is 3 years imprisonment. (sec.754A-ssec.3) The Magistrates Court must abstain from dealing summarily with a charge of an offence against section 754 (2) with a circumstance of aggravation under section 754 (3) if satisfied, at any stage and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction. (sec.754A-ssec.4) If the Magistrates Court abstains from jurisdiction— the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and the proceeding for the charge must be conducted as a committal proceeding; and a plea of the defendant at the start of the hearing must be disregarded; and the evidence already heard by the court is taken to be evidence in the committal proceeding; and the Justices Act 1886 , section 104 must be complied with for the committal proceeding. - (a) the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and - (b) the proceeding for the charge must be conducted as a committal proceeding; and - (c) a plea of the defendant at the start of the hearing must be disregarded; and - (d) the evidence already heard by the court is taken to be evidence in the committal proceeding; and - (e) the Justices Act 1886 , section 104 must be complied with for the committal proceeding.