Supreme Court Flashcards
Supreme Court
A superior court of record. Cases heard in the Supreme Court (both the Trial Division and the Court of Appeal) are recorded and may be used as precedents in future cases. It is the highest court in the state hierarchy although appeals can be made to the High Court. The Supreme Court sits in Melbourne and goes on circuit to 12 major regional centres. The court hears criminal and civil cases.
Structure of the Supreme Court
The Supreme Court has two divisions:
• Trial Division
• Court of Appeal.
Trial division
Deals with the most serious matters in their original jurisdiction. It has extensive appellate jurisdiction in both criminal and civil matters.The court consists of the chief justice, judges, associate judges and registrars. A judge is addressed as ‘Your Honour’ and has the title of ‘Justice’. The chief justice of the Supreme Court is the state’s most senior judge.
Trial division criminal jurisdiction
The Supreme Court (Trial Division) hears the most serious criminal cases, such as murder, attempted murder, treason and some conspiracy offences. All criminal cases in which the accused is pleading not guilty are heard before a judge and a jury of 12 (additional jurors can be empanelled for longer trials). If the accused is pleading guilty, no jury is empanelled.
Civil jurisdiction trial division
Unlimited civil jurisdiction and can hear civil cases claiming any amount. A civil case is heard before a judge alone or, if the parties agree, before a judge and a jury of six. The Supreme Court refers some civil cases to mediation so that they can be dealt with quickly, informally and cheaply. A jury of six is optional (up to eight can be empanelled).
Criminal appeals heard by the trial division
In criminal cases, a single judge of the Supreme Court can hear appeals from the Magistrates’ Court on a point of law. If a person appeals on a point of law to the Supreme Court from the Magistrates’ Court, they are then unable to appeal on other grounds to the County Court.
Civil appeals heard by the trial division
In civil cases, a single judge in the Supreme Court can hear appeals from the Magistrates’ Court on a point of law. A single judge can also hear appeals from the Victorian Civil and Administrative Tribunal (although when the tribunal is constituted for the purpose of an order being made by the president or the vice-president, an appeal from such an order would go to the Court of Appeal).
Court of appeal
A division of the Supreme Court of Victoria. It has no original jurisdiction, and is the highest Victorian appeal court, hearing appeals from judgments by single judges of the Supreme Court and the County Court. Cases are usually presided over by three Court of Appeal judges. There is no jury in the Court of Appeal. Leave must be sought for appeals to the Court of Appeal.
The court of appeal hears
• all appeals from the Supreme Court Trial Division constituted by a single judge
• all applications for new trials
• all appeals from the County Court constituted by a judge
• all appeals from VCAT when the tribunal was constituted
for the purpose of making an order by the president or a vice-president of that tribunal
• all appeals where a particular Act states that the appeal must be heard before the Court of Appeal.
Structure of the court of appeal
The Court of Appeal consists of nine permanent judges, a president and the chief justice of the Supreme Court. The chief justice of the Supreme Court is the state’s most senior judge. The court usually sits with three judges but can have five judges if the matter before it is of ‘significant importance’.
Criminal jurisdiction of the court of appeal
A person who has been found guilty from a single judge of the County Court or Supreme Court may appeal to the Court of Appeal (consisting of three to five justices) on the following grounds:• on a point of law• on a conviction• on the severity of the sanction.
Civil jurisdiction of the court of appeal
Appeals from the County Court and from a single judge of the Supreme Court. It also hears appeals from VCAT when the tribunal has been constituted for the purpose of an order being made by the president or a vice-president.
The grounds for appeal in a civil matter include:
• a point of law
• a question of fact
• the amount of damages.
Country vs supreme
Due to the County Court and the Supreme Court both having unlimited civil jurisdictions, it is up to the parties to decide in which court to lodge their paperwork to commence legal proceedings.
OPP APPEALS? GRANTING LEAVE?
The Office of Public Prosecutions may only appeal against the leniency of the sentence, not against an acquittal. The accused (now the appellant) does not have an automatic right to appeal; in some instances leave has to be granted by the court.
