Victorian Numbered Acts Victorian Numbered Acts(1) If an offender is before the Supreme Court or the County Court for an offence against section 169, the court may hear and determine a charge for a summary offence transferred under section 175 before sentencing or otherwise dealing with the offender.
(2) If all charges for an offence against section 169 against an offender before the Supreme Court or the County Court have been discontinued, the court may hear and determine a charge for a summary offence transferred under section 175.
(3) The court must hear and determine a charge for a summary offence without a jury and in accordance with Part 3.3 of the Criminal Procedure Act 2009 as far as practicable.
(4) Without affecting the admissibility of any evidence which might be given apart from this subsection, on the hearing of a charge against an offender for a summary offence transferred under section 175, the court may admit as evidence in relation to the charge evidence given during a trial or summary hearing of the charge against the offender for an offence against section 169.
(5) A party may adduce further evidence only with the leave of the court.
(6) If the court considers it appropriate to do so, the court may transfer a proceeding for a summary offence transferred under section 175 back to the Magistrates' Court for hearing and determination.
(7) The court may impose any sentence in respect of a summary offence transferred under section 175 that could be imposed by the Magistrates' Court.
Note
Rights of appeal in relation to summary offences heard and determined under section 176 are found in the Criminal Procedure Act 2009 by virtue of the definition of original jurisdiction in that Act.