U3-AOS 2

• Committal proceedings: the pre-trial hearings and processes held in the Magistrates Court for indictable offences.
• original jurisdiction: the power of a court to hear a case for the first time
• appellate jurisdiction: the power of a court to hear a case in which a decision is being reviewed or challenged on a particular ground
• The Supreme Court (COA) specialises in determining criminal appeals in indictable offences & has expertise in sentencing principles.
• The Supreme Court (TD) hears the most serious indictable offences & has developed specialisation in those types of crimes. e.g. murder and manslaughter.
• The County Court has expertise in hearing particular types of offences, for example indictable offences such as theft, sexual offences and drug offences.
• The Magistrates' Court is familiar with cases involving summary offences that need to be resolved quickly and efficiently, as well as committal proceedings.

  Also have experience in dealing with self-represented people.
• Specialisation: The courts develop their own levels of expertise & specialisation. The court hierarchy allows for specialization in different areas of law, particularly criminal cases. Each level of the system develops expertise in specific types of cases.
• Appeals: allows parties dissatisfied with a decision in a criminal case to take the matter to a higher court to challenge the decision, with grounds for appeal. Ensures fairness through the opportunity to rectify any possible mistakes made in initial decisions.
• Grounds for appeal in a criminal case:

  • appealing on a question of law
  • appealing a conviction
  • appealing severity/leniency of sanction
• APPEAL CASE EXAMPLE:

  -DPP v Abdelmalke 2022 (VIC) CC

  • appellant appealed against convictions and the sentence imposed by the Magistrates' Court
  • appeal has heard by the County Court
  • One additional year and four months were added to the original sentence.
• Victorian Court Hierarchy S/W

  • allows for specialisation
  • provides avenue for appeals
  • can be confusing for some
  • no automatic right to appeal
• Role of the judge/magistrate:

  -act impartially with no apprehended bias

  -manage trial or hearing, ensuring correct procedures followed

  -decide/oversee outcome of the case, deciding guilt/giving directions

  -handing down a sentence on offender