Types Of Criminal Cases

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Local Court:
•Most criminal cases begin here except ex-officio indictments.
•Presided over by Magistrate.
•No jury.
•Deals with summary matters and less serious indictable matters.
•No appellate jurisdiction.
•Does not hear appeals.
•Hears committal proceedings regarding serious matters, to determine whether a prima facie case exists, i.e. if there is sufficient evidence for the matter to be heard by a judge and jury.

Children’s Court:
•Deals with offenders under 18 years or under 21 years if they were less than 18 years old when charged.
•A closed Court.
•Presided over by Magistrate.
•No jury.
•Rehabilitation is the primary purpose of sentencing.
•Imprisonment is a last resort.

Coroners Court:
•Presided over by Coroner.
•Deals with unexplained deaths and fires.
•Inquisitional approach.

District Court:
•Has appellate jurisdiction from the Local Court for both severity and de novo appeals, which is a type of appeal in which the appeals court holds a trial as if a prior trial had never been held.
•Presided over by a Judge.
•Trial by jury.
•Deals with majority of serious criminal offences e.g. armed robbery.

Supreme Court:
•Has appellate jurisdiction from District Court and Local Court which includes stated case.
•Deals with error of law by Magistrates.
•Presided over by Judge.
•Trial by jury.
•Deals with most serious criminal offences e.g. murder, manslaughter.

Court of Criminal Appeal:
•Has appellate jurisdiction from the District Court and Supreme Court,
•The highest criminal appeal Court in NSW.

High Court:
•Highest appeal court in Australia for both criminal and civil matters.
•Leave by the court needs to be granted for the appeal to be heard.
•Leave usually reserved in criminal matters for: 1.Existing areas of the law that require clarification e.g. R v Zecevic ? High Court decision which clarified the law regarding self defence and precisely what had to be proved by the defence to establish self defence.
2.New areas of the law, keeping in mind that the service of justice is an overriding factor in
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