NCJ Number
140056
Date Published
1992
Length
99 pages
Annotation
The Victoria (Australia) Law Reform Commission reviewed the Summary Offenses Act 1966 and the Vagrancy Act 1966, discussing the offenses covered in these statutes and presenting the commission's proposals in relation to each of the substantive sections in the acts.
Abstract
The Summary Offenses Act covers serious crimes including assault, hindering and obstructing police, making false reports to police, trespass and property damage, and dealing with stolen property, as well as less serious behavior which may not appear to require criminal penalties. Other provisions in this statute refer to specific procedures to be followed at a hearing or provide exceptions or defenses to crimes created by the act. The Vagrancy Act contains sections dealing with consorting, loitering with intent to commit a crime, begging, and fortune telling. Some offenses are based upon guilty by association while others punish conduct that is only illegal because of the person's intent. The Law Reform Commission recommends repealing those offenses which penalize conduct which does not appear to warrant any criminal penalty at all. Offenses which warrant a criminal penalty and which deal with conduct that is not separately punishable should be retained. In cases dealing with criminal conduct which does warrant a penalty but which is separately punishable under common law or other legislation, a judgment regarding revocation must be made on an individual case basis. 35 notes and 2 tables