A charge of possessing Category H weapons under s 50(1)(c) of the Weapons Act 1990 (Qld), being an indictable offence by virtue of s 161(9), is not a 'summary offence' for the purposes of s 651 of the Criminal Code and cannot be dealt with summarily in the District Court, even though it may be prosecuted summarily before a Magistrate under s 161(3). Where pre-sentence custody cannot formally be declared as time served due to jurisdictional error, it must be taken into account as a matter of practical justice in fixing the sentence.
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