78Hearings – offender to be present

78 Hearings – offender to be present (1) Subject to this section, the offender must be present during the hearing of: (a) evidence under section 68; and (b) an application made under section 72 or 73. (2) The Supreme Court may order that, at the time evidence under section 68 is to be heard, the person in charge of the place where the offender is imprisoned must bring the offender before the Supreme Court. (3) On the hearing of an application made under section 72 or 73, the Supreme Court may order the person in charge of the place where the offender is imprisoned to bring the offender before the Supreme Court. (4) Where the offender acts in a way that makes the hearing of the evidence or application in the offender's presence impracticable, the Supreme Court may order that: (a) the offender be removed; and (b) the hearing of the application continue in the offender's absence. (5) Where the Supreme Court is satisfied that the offender is unable to be present during the hearing of the evidence or application because of the offender's illness or another reason, the Supreme Court may allow the offender to be absent during the whole or a part of the hearing if it is satisfied that: (a) the offender's interests will not be prejudiced by the hearing continuing in the offender's absence; and (b) the interests of justice require that the hearing should continue in the offender's absence. 78AA Aggravated property offences Each of the following is an aggravated property offence: (a) an offence against section 193B, 218, 220, 221 or 225(3) of the Criminal Code; Sentencing Act 1995 55 (b) an offence against section 224 of the Criminal Code if the damage or interference causes damage of a serious nature or that results in a loss of more than $5 000; (c) an offence against section 228AB of the Criminal Code if: (i) in committing the offence, the offender: (A) caused any injury to another person; or (B) endangered the life or safety of the public or a member of the public; or (ii) the vehicle, vessel or aircraft is worth $20 000 or more; or (iii) the vehicle, vessel or aircraft is damaged by the offender and either of the following applies: (A) the cost of repairing or compensating for the damage is $1 000 or more; (B) the value of the vehicle, vessel or aircraft is reduced by $1 000 or more; or (iv) the vehicle, vessel or aircraft was taken with the intention of being used for or in connection with the commission of another offence other than a regulatory offence or an offence of strict liability; or (v) as a result of the commission of the offence, the whereabouts of the vehicle, vessel or aircraft is unknown to the person entitled to possession of it for 48 hours or longer; (d) an offence against section 241 or 241A of the Criminal Code; (e) an attempt to commit an offence against section 220 or 221 of the Criminal Code.