The transfer discretion under s 168 of the Criminal Procedure Act 2009 (Vic) does not require the entire sentencing range to fall within the Magistrates' Court's jurisdiction. 'Adequacy' in s 29(2)(b) means 'acceptability' or 'sufficiency', and a transfer is appropriate where a sufficient portion of the sentencing range falls within the Magistrates' Court's jurisdiction. The prohibition on suspended sentences in s 27(2B) of the Sentencing Act 1991 (Vic) does not constrain the transfer power, as Parliament expressly preserved the Magistrates' Court's power to suspend sentences for offences heard summarily.
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