Lesson 18: The role of Victorian courts in criminal disputes

Question 1

Original Jurisdiction

Answer 1

The authority or legal power of a court to hear the case at first entrance

Question 2

Appellate Jurisdiction

Answer 2

The power of a court to hear and determine a matter on appeal

Question 3

Appeal

Answer 3

A party attempting to seek review of the trial Judges decision from a more superior court to correct/reverse the decision that was made

Question 4

Jurisdiction of the Magistrates court (including committals)

Answer 4

• Lowest court in the hierarchy but also busiest when resolving criminal disputes
  Summary (non-serious) offences such as:
• Jaywalking
• Traffic infringements
• Minor drug possession
  Committals = series of hearings that occur when an accused had been charged with a serious offence:
• Robbery
• Murder
• Manslaughter
• Culpable driving
• Sexual offences

Question 5

Jurisdiction of the Children’s court

Answer 5

Specialist court within the hierarchy
- Hears criminal charges against anyone under 18 years at the time of offence and under 19 years of age at the time of case
Criminal Division: Children charged with criminal offences (except homicide)
Family Division: Cases concerning young people in need of protection

Question 6

The County court

Answer 6

• Holds both Original and Appellate Jurisdiction
• O.J: hears all but the most serious indictable offences such as murder and manslaughter
• A.J: hears appeals against conviction and sentencing from the Magistrates court in criminal matters

Question 7

The Supreme court (Trial Division)

Answer 7

• Appeals on point of law from the Magistrates court that are heard by a single judge from the Supreme Court
• 3 Justices will hear an appeal although 5 may sit if the matter is very important

Question 8

The Court of Appeals

Answer 8

Holds the power to hear and determine appeals from the Country Court and Trial Division of Supreme Court