7.5 - victorian courts Flashcards
(11 cards)
roles in determining a criminal case
if pleads not guilty then it is the courts role to determine guilt or not-guilt.
if indictable first goes to magistrate court.
committal hearing is if magistrate decides there is sufficient evidence which provides specialisation and expertise.
roles in imposing a sanction
if guilty then courts set dates for plea hearing. both parties make submissions about the facts of the case, relevant factors and type of sentence.
on that day or day later judge or magistrate hands down sanction.
for higher courts judge provides written judgement about the sanction imposed
what is the magistrates courts original jurisdiction
summary offences and indictable offences heard summarily.
does the magistrates court have an appellate jurisdiction
no
what is the county courts original jurisdiction
all indictable offences except those set out in 36A of the county court act 1958
what is the county courts appellate jurisdiction
can hear appeals against convictions or sentences handed down in the magistrates court
what is the supreme courts original jurisdiction
hearing all indictable offences and trial division can take appeals from questions of law from cases heard in the magistrates court
does the supreme court of appeals have a original jurisdiction
no
what is the supreme court of appeals appellate
appeals from county and supreme court as well as the magistrates court
strengths in resolving criminal cases
because of court hierarchy cases are specialised and allow for a party to appeal a case, judges jury’s and magistrate are impartial referees who decide cases based on fact and law
weaknesses in resolving criminal cases
difficult for accused to understand the case, without legal representation a party may be disadvantaged by representing themselves
