Court heihrachy Flashcards
local court
summary vs indictable offences
summary offences are minor including loitering and indictable offences are serious crimes such as murder
why do courts have separate jurisdictions
different courts hear different cases and thus specialise in those types of cases. for example corners court looks at suspicious deaths
what is original jurisdiction
when a court hears a case for the first time
what is appellate jurisdiction
when a case is hear after being passed on from the lower courts (an appealed case )
what are appeals
Appeals are an application to have a higher court reconsider a lower courts decision based on an error of law
what courts come under local, state, superior and federal courts
Local - local court, coroners court, children court, youth Koori court, land and environment, NSW drug court
Intermediate - District court
Superior - Supreme and court of criminal appeal
Federal - federal court of Australia, federal circuit and family court of Australia and high court
Local court
minor criminal cases and summary offences, civil - <100,000, magistrate, case conferencing magistrate will listen to the evidence and decide if the prosecution has a strong enough case
coroners
properly investigates unexplained/ suspicious deaths and arson. coronial inquest - cases are handed over to higher courts after investigation for trial eg. r v Baden Clay
children’s court
civil matters relating to the care and protection of children/ young people eg, neglect/ abuse). criminal <18. if someone commits a crime at the age of 18 but is on trial under 21 will go to children’s court. less serious consequences, diversionary programs offered by the Young Offenders Act. Serious offences are heard in adult court.
eg - R v Blessington and Eliot (14 & 16)
Land and environment
environmental planning, environmental offences and appeals against the local court rulings. Appellate jurisdiction- Local council
NSW drug court
alternative to jail for low-level drug dealers (non violent), must be 18+, willingly participate in the program and MUST have pleaded guilty. rehab programs
Youth Koori court
connected to children’s court, for indigenous youth <18, circle sentencing - magistrate, elders, victim, and accused come up with punishment or rehab together. minor crimes. aims to resolve through rehab
District court
more serious crimes larceny or manslaughter, civil cases - $100,001 > $750,000. hears appeals from local court. appeals from district court are heard in court of criminal appeal (CCA)
Supreme court
most serious crimes and civil cases with large sums of money. jurisdiction over all serious indictable offences such as murder, commonwealth prosecution for breach of corporate law. 12 jury, majority agrees there are also judge only trials. appeals from this court are heard in the criminal appeal court and to appeal a special permission must be granted
