Hears a matter for the first time.
Reviews a lower court's decision on appeal.
A higher court can review a lower court — never the reverse. Which court hears a case depends on the nature & severity of the offence and the accused's age.
Closed court, specialist magistrate, no jury. Under-18s. Focus on rehabilitation. Serious indictable matters go higher. Children's Court Act 1987.
Magistrate, no jury. Summary offences, committals, bail. Fast & cheap. Coroner's Court sits alongside (deaths & fires).
Judge + jury. Most indictable (incl. manslaughter). Appeals from Local/Children's. Not murder.
Judge + jury of 12. Most serious — murder, treason. Highest formality & penalties.
Usually 3 judges. Criminal appeals from District/Supreme — law, conviction, sentence.
Commonwealth offences are usually heard in state courts exercising federal jurisdiction, prosecuted by the Commonwealth DPP.
Prosecution v defence present their cases to an impartial judge or jury. Inherited from English common law.
Parties gather & present evidence; judge is a passive umpire.
The judge investigates and questions — used in much of Europe.
Solicitor = advice & prep, out of court · Barrister = court advocate, in court.
Local Court. No jury — decides guilt and sentence. Summary offences, committals, bail.
District/Supreme. Rules on law & evidence, directs the jury, imposes the sentence.
In a jury trial: judge decides the law, jury decides the facts (guilt).
Trained NSW Police officer — summary matters in the Local Court.
Independent office — prosecutes serious indictable offences; decides what to charge, free of politics.
Salaried barristers who defend the accused in serious matters (usually on legal aid). Public Defenders Act 1995.
DPP prosecutes; Public Defenders defend — both publicly funded, for equality of arms.
A problem-solving court that aims to break the cycle of drugs and crime through supervised treatment instead of straight punishment. Drug Court Act 1998 (NSW).
A strong example of discretion and rehabilitation.
Saves cost, delay & trauma; certainty; spares witnesses.
Pressure; an innocent person may plead; can sideline victims.
Aid granted on a means test (income/assets) + merit test (prospects). Targets the disadvantaged; the "missing middle" can miss out.
No absolute right to counsel — but a serious trial may be stayed if lack of representation makes it unfair.
The key High Court authority on legal representation and the right to a fair trial.
On the prosecution. The accused is presumed innocent and need not prove innocence.
Beyond reasonable doubt — a very high bar (cf. civil: balance of probabilities).
A few defences shift a burden to the accused, but only on the balance of probabilities.
Evidence must be relevant and lawfully obtained (Evidence Act 1995 (NSW)). Types:
Physical items — weapon, DNA.
Records & documents.
Sworn testimony; lying = perjury.
Specialist opinion — persuasive but not infallible.
Provocation must be a serious indictable offence; non-violent sexual advance excluded. Crimes Amendment (Provocation) Act 2014; s 23.
Abnormality of mind from an underlying condition; intoxication excluded. s 23A — replaced "diminished responsibility".
Correct the notes: duress is not a murder defence, and the provocation reform is 2014.
Selected at random from the electoral roll; usually 12 jurors in a criminal trial. Jury Act 1977 (NSW).
Reject a juror with no reason (limited number — 3 per accused).
Reject for a stated reason (e.g. suspected bias) — unlimited but justified.
Eligible: citizens 18+ on the roll. Some are ineligible/disqualified or excused for cause.
Judge-alone murder trial — used to avoid prejudicial publicity.
Lin family murders — multiple hung juries before conviction (2017).
Jury decides the verdict; judge decides the sentence.
Community participation; reflects community standards; 12 minds dilute bias; tests the state's case.
Hidden prejudice; long trials disrupt lives; no reasons given; hung juries cost time & money.
To evaluate the trial process, weigh each element against the rights of accused, victims & society, discretion and access to justice.