Intoxication offences are dealt with as a ‘Summary Offence’.
A Summary offence is normally a small offence – usually dealt with in the Local court as a small offence with a fine and/ or some imprisonment.
Normally the local court can deal with the matter and has the power to issue a maximum term of imprisonment of 2 years.
If you are convicted under summary offences NSW police powers , your penalty will be based on your offence and can be dealt with in a few ways, apart from a fine eg
- Community service orders
- Suspended sentences
- Good behaviour bonds
- Home detention
Practically, many Magistrates issue fines to penalise the person and record a conviction.
This conviction can only be overturned by an Appeal.
A Summary offence is different to an Indictable offence(Indictable offences require a trial by judge and jury)
Case study of an Intoxication Summary offence:
The accused is charged with X1 offence of: “Continue intoxicated etc behaviour after move on direction” S9 (1) Summary Offences Act
At 5pm on 3 July police attended Chatswood McDonalds and spoke with the accused who was intoxicated.
The accused was aggressive towards police and appeared to have been injured.
The accused stated he would find the people who hurt him.
Due to the level of his intoxication, the accused was given a ‘move on’ direction by police and told to leave the Chatswood area.
He was told to leave and not return to Chatswood for 6 hours.
The accused then told police he would stay in Chatswood to find the people who hurt him
The police arrested the accused, as they believed he would be injured further.
Police took the accused to his home and told him not to return to Chatswood.
At 9 pm on the same night, the accused was seen in Chatswood McDonalds again.
He appeared to be further injured and was quite intoxicated.
Police re-approached the accused and he was arrested under NSW Police powers for failing to comply with a move on direction.
The accused stated he did nothing wrong.
The accused was then conveyed to the Chatswood Police station and kept in custody.
ETB Legal staff are very experienced with Intoxication Offences and other Summary offences.