L13 - The Jurisdiction of the Magistrates Court Flashcards
Pursuant to section 254 of the CPA what grounds can a convicted person appeal to the County Court on
Conviction & Sentence
Sentence alone
What are the timeframes for Appeals?
Notice of appeal filed within 28 days
Copy to be served on Informant within 7 days of filing notice to appeal
State appeal against conviction and sentence or just sentence
Acknowledge that on appeal the court may impose a more severe penalty.
If prosecutions wish to appeal a matter on sentence what is the test, and which of the following must the appeal actually come from; OPP, Superintendent of LSD, OIC of your local prosecutions unit or DPP and which court does the appeal go to?
The test is that the SENTENCE must be MANIFESTLY INADEQUATE. The process is, we apply to the DPP and the DPP will lodge an appeal on our behalf if the DPP is satisfied it is necessary. COUNTY COURT
You believe the Magistrate has imposed an illegal sentence. Can you appeal this via the DPP? Why and How and where does the appeal go?
Yes you can appeal as it falls under the category of ‘question of law’ pursuant to section 272 of the CPA in the Magistrates Court and s424(2) of the Children’s Court. The Supreme Court.
What is a question of law?
Erroneous exercise of discretion
Erroneous finding of fact IF on all the evidence it was not open to the magistrate to reach the conclusion that they did
Failure by the magistrate give reasons for the decisions
Where a conviction is obtained as a result of the wrongful admission of evidence
The imposition of an illegal sentence
