Definitions––pt 8
68CA Definitions––pt 8
In this part:
back-up offence, in relation to an indictable offence (the first indictable offence), means an offence––
that is––
a summary offence; or
an indictable offence that is capable of being dealt with summarily by the Magistrates Court under the Magistrates Court Act 1930, part 3.6 (Proceedings for offences punishable summarily); and
at least some of the elements of which are similar to the elements that constitute the first indictable offence; and
that is to be prosecuted on the same facts as the first indictable offence.
related offence, in relation to an indictable offence (the first indictable offence), means an offence, other than a back-up offence—
that is––
a summary offence; or
an indictable offence that is capable of being dealt with summarily by the Magistrates Court under the Magistrates Court Act 1930, part 3.6 (Proceedings for offences punishable summarily); and
that arises from substantially the same circumstances as those from which the first indictable offence has arisen.
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