Minor Indictable Offences

If you have been charged with a Minor Indictable Offence, the matter will be dealt with in the Magistrates Court and prosecuted by the police.

Minor indictable offences are defined as:

offences not punishable by imprisonment and having a maximum fine exceeding $120,000;
offences with a maximum imprisonment of five years; or
offences with a maximum imprisonment greater than five years, if one of the following
- an offence involving interference with, damage to or destruction of property where the loss resulting from commission of the offence does not exceed $30,000;
- an offence involving a threat to interfere with, damage or destroy another person’s property where if the threat had been carried out, the loss resulting would not have exceeded $30,000;
- recklessly causing harm;
- indecent assault (where the victim is 14 years of age or older);
- dishonesty offences where the amount involved is $30,000 or less (but not robbery or offences of violence); and
- serious criminal trespass where the intended offence is an offence of dishonesty (not being an offence of violence) involving $30.000 or less, or an offence of interference with, damage to or destruction of property involving $30,000 or less.

Some examples of minor indictable offences are listed below:

Theft and receiving (where the loss resulting from commission of offence is between $2,501 – $30,000 total);
Deception (where the loss resulting from commission of offence is between $2,501 – $30,000 total);
Serious criminal trespass — places of residence; non-residential places;
Illegal use/ interference with a motor vehicle (subsequent offence);
Aggravated assault causing harm;
Indecent assault;
Causing harm;
Stalking;
Gross indecency; and
Property damage (where the damage is less than $30,000 but more than $2,501).

PGA