Reflection upon SAC - PowerPoint Presentation

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Reflection upon SAC

1.) Did you receive a result higher, lower or the same as your prediction? 2.) what are two reasons for this? Eg: Did you complete practice sac?Did you ask Ms Hawkins for help?Did you begin revision well before the SAC? Did you complete revision materials?3.) what resources were helpful in this AOS?Eg – booklet videos, revision booklet, powerpoints, poster making 4.) What resources may be helpful for next AOS? Slide2

Key knowledge

Original and appellate jurisdictions of the Victorian Magistrates’ Court, County Court, and Suprem, Court (Trial Division and Court of Appeal) The examiner can ask you about any of the above jurisdictions in any way. You MUST know them all in detail.Slide3

Definitions:

Original Jurisdiction: is the power of a court to hear cases at first instance, or for the first timeAppellate Jurisdiction: is the power of a court to hear appeals brought to it from courts lower in the hierarchy if a party is unhappy with a decision and has grounds for appeal. Slide4

The Magistrate’s Court

The Victorian state court hierarchy consists of many courts, each with its own jurisdiction to hear and determine particular types of cases. The Magistrates' Court is the lowest ranked court in the hierarchy and the busiest.Slide5

The role of the Magistrates' Court

Lowest court in the hierarchy – hears minor criminal and civil cases (around 90 % of all cases). Presided over by single Magistrate – no jury. Slide6
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The

Magistrates' Court is presided over by a single magistrate (there is no jury). The Magistrates' Court is the lowest court in the court hierarchy, so it has no appellate jurisdiction. The following diagram shows the jurisdiction of the Magistrates' Court.Slide8

Definitions

Summary offences: The majority of criminal matters that appear before the Magistrates' Court are summary (less serious) offences, such as minor theft and minor traffic offences.Indictable offences heard summarily: In addition to hearing all summary offences, the Magistrates' Court can also hear some indictable (serious) offences that otherwise would be heard at the Victorian County Court. Indictable offences tried summarily refers to cases where the accused who has been charged with an indictable offence is given the opportunity to have their case heard by a magistrate rather than a judge and jury in County Court. Examples of indictable offences that can be heard summarily include theft, causing injury recklessly or intentionally and indecent assault.Slide9

Committal hearings:

A committal hearing or committal proceeding is the preliminary hearing (in criminal law) of an indictable offence in the Magistrates' Court to determine whether a prima facie case has been established — that is, whether the prosecution has sufficient evidence for the case to proceed to trial and gain a conviction in a higher courtBail applications: The Magistrates' Court also has the criminal jurisdiction to determine bail and warrant applications. Individuals who have been charged with an indictable offence may apply to a magistrate to be granted bail; that is, to be released from custody on a written promise to appear in court at later date (for example, at a committal hearing or trial). If bail is refused, the accused is held on remand (remain in custody) until their committal hearing, trial or sentencing.Warrant applications: The Magistrates' Court has the power to grant a range of warrants

or orders giving the court's permission for an authority, such as Victoria Police, to undertake certain actions, including searching premises or vehicles, arresting an alleged offender and seizing property.Slide10

JUDY MORAN DENIED BAIL

In April 2010, after being committed to stand trial for the murder of her brother-in-law, Desmond Moran, Judith Moran made an application to the Melbourne Magistrates' Court to be granted bail pending her trial. At the hearing, Chief Magistrate Popovic explained that, because Mrs Moran was charged with murder, she was refused bail unless the court could be satisfied that exceptional circumstances existed to release Mrs Moran from custody.A range of factors were presented to Magistrate Popovic supporting Mrs Moran's bail application, including Mrs Moran's age (64 years), minimal prior criminal record, medical condition (she had extensive hip and knee surgery that could make prison detention more difficult) and the likelihood that her trial would be postponed due to delays in completing forensic evidence. Detective Senior Constable Reidy, who was responsible for opposing Mrs Moran's bail application, argued Mrs Moran was an unacceptable risk of committing further offences and interfering with evidence.

Mrs

Moran was denied bail and 12 months later was found guilty of murder by a Supreme Court jury.Slide11

Original civil jurisdiction

The Magistrates’ Court has recently increased its civil jurisdiction to hear matters up to $100 000.Matters under $10 000 are referred to compulsory arbitration where they are resolved in a less formal mannerAn amendment to the Magistrates’ Court Act in 2004 made these changes, previous they could hear up to $40 000 Slide12

Appeals from the Magistrates' Court

The Magistrates' Court is the lowest in the Victorian court hierarchy so it does not have appellate jurisdiction; however, parties may, in certain circumstances, appeal the decision of a magistrate to a higher courtCriminal: Parties can appeal to the County Court against a conviction or sentence imposed by a magistrate. For example, with grounds an offender may lodge an appeal against their conviction or the severity of their sentence. Likewise, the prosecution may lodge an appeal against the perceived leniency of a sentence. Parties may also appeal to the Supreme Court (Trial Division) on a point of law, if they can reasonably show that the magistrate may have made an error in applying the law.Civil: Parties to a civil case heard in the Magistrates' Court can only appeal to the Supreme Court (Trial Division) on a point of law. Parties cannot appeal against the verdict or remedy imposed by a magistrate in a civil case.Slide13

Specialist divisions of the Magistrate’s Court

Drug Court Division: set up in 2002 to deal with offenders whoplead guilty to drug related crimes within the jurisdiction of the Magistrate’s Court,who have a drug problem,committed an offence whilst under the influence of drugs or in order to support a drug habit.The emphasis on this division is rehabilitation and breaking the drug or alcohol habit that caused the offence originallyCurrently in Dandenong Slide14

Koori Court division

Established in 2002 to provide culturally relevant justice to the Aboriginal community by operating with a Koori elder or respected person to advise the court on cultural issues in sentencingOriginal Criminal Jurisdiction: All matters under Magistrates’ Court jurisdiction when a Koori individual is involvedThey must plead guiltyExcludes domestic or seual violence. Proceedings are less formal, using a round table for discussion , and are aimed at ensuring the understanding of the accused, their family and the Aboriginal community Slide15

5.3 and 5.4

1.) Outline the criminal and civil jurisdiction (original and appellate) of the Magistrates' Court. (3 marks)2.) Distinguish between summary offences, indictable offences heard summarily, and indictable offences, including at least two examples of each type of offence.4.) Refer to the case study ‘Judy Moran denied bail’, then answer the following questions.Explain which party had the responsibility of demonstrating that Mrs Moran should be released on bail.Identify the factors that supported Mrs Moran's bail application.Suggest at least three reasons why Mrs Moran's bail might have been refused.5.41.) Explain why the Magistrates' Court has specialist jurisdictions. Support your response by outlining the jurisdiction and purpose of one

specialised

court or list that exists within the Magistrates' Court.Slide16

Outline the original and appellate jurisdictions of the Magistrates’ Court (6 marks) Slide17

The original criminal jurisdiction of the magistrates’ court is that it hears all summary offences, committal hearings, bail and warrant applications and indictable offences heard summarily. Its original civil jurisdiction is to hear all claims up to 100 000 dollars, however, it under 10 000 cases are sent to compulsory arbitration. The Magistrates’ court is the lowest court in the hierarchy and therefore has no appellate jurisdiction for either criminal and civil cases. The Magistrates Court also has specialist divisions such as the Koori Court division Slide18

County Court of Victoria Slide19

Role

Middle court in the hierarchy – hears a range of civil and criminal matters and some criminal appeals. Presided over by a judge - jury may be present.Slide20
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Court

Original criminal jurisdictionOriginal civil jurisdictionAppellate criminal jurisdictionAppellate civil jurisdictionCounty Court of VictoriaIndictable (serious) offences except those specifically heard in the Supreme court such as

treason, murder and murder related offences (such as attempted murder and child homicide). Examples

of offences heard are drug trafficking, dangerous and culpable driving, and serious sexual offences. Heard by single judge and jury of 12 (if pleading not guilty).

The same as the Supreme Court (Trial Division).

All civil claims

of an unlimited amount. Heard by a single judge and optional jury of six.

Can hear appeals from Magistrates’ Court against conviction

or sentence and work cover matters.

Both prosecution and defendant may appeal against sentence, but only defendant may appeal against conviction due to double jeopardy laws

Can also hear appeals from the Children’s Court against a sentence. Appeal is heard as a rehearing. Heard by a single judge and no jury.

No civil appellate jurisdiction

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Specialist divisions of the county court

Koori Court Division of the County Court: established in 2009 to allow for greater participation by the Aboriginal community in sentencing in this higher jurisdiction, along with more culturally appropriate legal processesThe Sexual Offences List of the County Court: established in 2005 to manage pre-trial hearings in sexual offences cases – makes for a more efficient trial processSlide24

LEARNER DRIVER WHO INJURED SEVEN PASSENGERS AVOIDS PRISON

In August 2010, County Court judge Paul Lacava sentenced Ms Kuong Majak, aged 25 years, to 3.5 years imprisonment, to be wholly suspended, after she pleaded guilty to culpable driving. Ms Majak, a learner driver, crashed her car into a pole and injured all seven passengers in her car (five were severely injured). At the time of the crash Ms Majak was driving more than 120 km/h in an 80 km/h zone, with a blood alcohol content (BAC) of approximately 0.15 (rather than having a BAC of zero as required of learner drivers).The imposition of the suspended sentence meant that Ms Majak would not be required to serve her sentence in prison providing she adhered to certain conditions, including remaining on good behaviour and committing no further criminal offences.

When determining the sentence to be imposed, Judge

Lacava

considered

Ms

Majak's

personal circumstances, including that she had fled war-torn Sudan and was herself severely injured in the incident.

Ms

Majak

is now a paraplegic who requires constant care and Judge

Lacava

expressed concern that the Dame Phyllis Frost Centre (the Victorian women's prison) was not equipped to provide

Ms

Majak

the high level care she requires.Slide25

5.5

1.) Outline the original and appellate jurisdictions of the County Court to hear criminal and civil cases. Include the grounds for criminal and civil appeals.2.) Describe the use of a jury in criminal and civil cases in the County Court.3.) Identify which of the following cases would be heard in the County Court. Give reasons for your answer.Marge, aged 24, is charged with drug trafficking and intends to plead not guilty.Crawford, aged 23, is charged with being drunk and disorderly in a public place after being a nuisance at an AFL football match at the MCG. He intends to plead guilty.Katy, aged 32, is suing a magazine for $200 000 in damages, after the magazine published false statements implying she had been involved in using and supplying illegal drugs.Van, aged 36, is charged with driving an unregistered vehicle after being pulled over for a random breath test. He intends to plead guilty.Beatrice, aged 62, is charged with dangerous driving causing death after she lost control of her car and collided with an oncoming car and killed two people. She intends to plead not guilty, claiming she was temporarily blinded by the sun.