The role and criminal jurisdictions of the Victorian courts

Question 1

There are 4 key reasons for the Victorian Court Hierarchy:

Answer 1

• Administrative Convenience
• Specialisation
• Appeals
• Precedent

Question 2

Administrative Convenience

Answer 2

Administrative convenience ensures similar cases, in terms of severity and complexity, may be heard in the same court
- minor offences that are greater in number will be heard in the Magistrates Court which there are many of across the state
- more complex serious matters will be heard in the County or Supreme court, thus improving efficiency in resolving cases

Question 3

Specialisation

Answer 3

Specialisation or expertise is developed within the court system ensuring a more effective and consistent approach to resolving cases

Question 4

Appeals

Answer 4

Appeals to higher courts are possible when one of the parties believes there has been an error they can apply to have the previous ruling reviewed by a higher court.

Question 5

The doctrine of Precedent

Answer 5

The doctrine of Precedent is possible as any decision made in a higher court becomes binding on lower courts in the same court hierarchy. This allows for a consistency when similar cases appear in the court system.

Question 6

The role of the Victorian Courts is to:

Answer 6

1. Determine a criminal case
2. Impose a sanction

Question 7

Determine a criminal case

Answer 7

• courts are required to decide whether an accused is guilty or not
  -in Magistrates court the Magistrate would decide
  -in the County or Supreme Court the jury would decide
• verdict of the case will be determined on the evidence presented
• if accused is charged with indictable offence, charges will first be heard in Magistrate’s Court to determine whether there is sufficient evidence to support a conviction at trial
• if accused pleads guilty it is the courts role to impose a sanction, there is no hearing/trial

Question 8

What is a sanction?

Answer 8

Sanctions are penalties imposed by a court on a person who has been found guilty of committing an offence. Sanctions in criminal law can be in the form of a fine, CCO or imprisonment.

Question 9

What is the Original Jurisdiction?

Answer 9

Refers to the power of the courts to decide on a case that is appearing in court for the first time.

Question 10

What is the Appellate Jurisdiction?

Answer 10

Refers to the powers of the courts to decide on an appeal

Question 11

Why can appeals be heard?

Answer 11

• on a point of law
• if there is a wrongful conviction (guilty/not guilty)
• if there is a wrongful sentence

Question 12

Magistrates Court - Original Jurisdiction

Answer 12

• summary offences
• indictable offences heard summarily
• committal proceedings
• bail and warrant applications

Question 13

Magistartes Court - Appellate Jurisdiction

Answer 13

none

Question 14

County Court - Original Jurisdiction

Answer 14

Indictable offences
- except murder
- murder - related offences

Question 15

County Court - Appellate Jurisdiction

Answer 15

From Magistrate’s Court
- convictions
- sentence

Question 16

Supreme Court (trial division)
- Original Jurisdiction

Answer 16

Most serious indictable offences
- murder
- commercial drug trafficking

Question 17

Supreme Court (trial division)
- Appellate Jurisdiction

Answer 17

From Magistrate’s Court
- Questions of law

Question 18

Supreme Court (court of appeal)
- Original Jurisdiction

Answer 18

none

Question 19

Supreme Court (court of appeal)
- Appellate Jurisdiction

Answer 19

From County or Supreme Court

Question 20

Children’s Court - Original Jurisdiction

Answer 20

• offences committed by children aged from 10-17

Question 21

Children’s Court - Appellate Jurisdiction

Answer 21

none

Question 22

Coroner’s Court - Original Jurisdiction

Answer 22

• investigation of fires and unexpected deaths

Question 23

Coroner’s Court - Appellate Jurisdiction

Answer 23

none

Question 24

The Koori Court Division of the Magistrate’s Court of Victoria

Answer 24

• been in operation since 2002
• in many ways reflects an innovative and progressive approach to the problems aboriginal people face in the legal system

Question 25

The Drug court

Answer 25

• based at the Magistrate’s Court at Dandenong
• responsible for the sentencing, supervision and treatment of offenders who are drug and/or alcohol dependent and who are subjected to a court Drug Treatment Order (DTO) under the Sentencing Act (1991)