New South Wales Court of Criminal Appeal

New South Wales Court of Criminal Appeal
Jurisdiction New South Wales, Australia
Location Six locations in Sydney CBD
Composition method Vice-regal appointment upon Premier's nomination, following advice of the Attorney General and Cabinet
Authorized by

Parliament of New South Wales via the:

Decisions are appealed to High Court of Australia
Decisions are heard for appeals from
Judge term length mandatory retirement by age of 72
Website supremecourt.justice.nsw.gov.au
Chief Justice of New South Wales
Currently Justice Tom Bathurst AC
Since 1 June 2011 (2011-06-01)
President of the Court of Appeal
Currently Justice Margaret Beazley AO
Since 2 January 2013 (2013-01-02)

The New South Wales Court of Criminal Appeal, part of the Supreme Court of New South Wales, is the highest court for criminal matters and has appellate jurisdiction in the Australian State of New South Wales.[1]

Jurisdiction

The Court hears appeals from people who were convicted or pleaded guilty and were sentenced by a Supreme or District court judge. The Court also hears appeals lodged by The Crown against the severity of a sentence. Decisions made by the Land and Environment Court, the Industrial Court or the Drug Court in criminal jurisdiction may also be brought for appeal. The Court of Criminal Appeal may also grant leave to appeal in matters involving questions of fact or mixed questions of fact and law. It may also grant leave to appeal in cases where the severity or adequacy of the sentence is challenged.[1]

If a petitioner is not satisfied with the decision made by the Court of Criminal Appeal, application may be made to the High Court of Australia for special leave to appeal the decision before the High Court.

Composition

Three judges usually form the panel for appeals, although five judges can be used for significant legal issues. The Chief Justice has ultimate discretion in determining the number of judges to sit on the Bench, and the selection of individual judges for each case. A unanimous decision is not needed as the majority view will prevail. Judges are selected from the Chief Justice in complex matters, the President of the Court of Appeal, the Judges of Appeal, the Chief Judge as well as other nominated judges of the Common Law Division.[2]:10 Single judges hear sentence appeals from the Drug Court.[2]:18

Judges who may form a panel or hear sentence appeals from the Drug Court alone are listed below:

Name Title Term began Time in office Notes
Justice Tom Bathurst AC Chief Justice of New South Wales 1 June 2011 5 years, 198 days [3]
Justice Margaret Beazley AO President of the Court of Appeal 2 January 2013 3 years, 349 days [4]
Justice Clifton Hoeben AM, RFD Chief Judge at Common Law
Justice Patricia Bergin Chief Judge in Equity 6 March 2009 7 years, 285 days
Justice John Basten Judges of Appeal 2 May 2005 11 years, 228 days [5]
Justice Fabian Gleeson 29 April 2013 3 years, 231 days
Justice Mark Leeming 3 June 2013 3 years, 196 days
Justice Robert Macfarlan 8 September 2008 8 years, 99 days
Justice Peter McClellan AM
Justice Ruth McColl AO 29 April 2003 13 years, 231 days
Justice Anthony Meagher 10 August 2011 5 years, 128 days
Justice Anthony Payne 30 March 2016 261 days
Justice Carolyn Simpson 11 June 2015 1 year, 188 days
Justice Julie Ward 2012 3–4 years
Justice Reginald Ian Barrett Acting Judges 2015 0–1 years
Justice Arthur Emmett 7 March 2013 3 years, 284 days
Justice Ronald Sackville

Caseload

In 2014, the Court heard 373 new cases, which included 221 appeals against severity of sentence, 94 appeals against conviction, 37 appeals against interlocutory judgments and 3 cases returned from the High Court for re-hearing. Appeals against convictions were approximately 25 per cent and, in recent years have showed a trend towards increasing complexity, impacting on Court time and resources.[2]:26

See also

References

  1. 1 2 "Court of Criminal Appeal". Supreme Court of New South Wales. Government of New South Wales. 20 May 2015. Retrieved 8 August 2016.
  2. 1 2 3 "2014 Annual Review" (PDF). Supreme Court of New South Wales. Government of New South Wales. 2014. Retrieved 8 August 2016.
  3. ↑ Patty, Anna (13 May 2011). "Tom Bathurst appointed NSW Chief Justice". The Sydney Morning Herald.
  4. ↑ Alexander, Harriet (20 December 2012). "First female head to run appeal court". The Sydney Morning Herald. Retrieved 8 August 2016.
  5. ↑ "Judicial contacts". Supreme Court of New South Wales. Government of New South Wales. Retrieved 8 August 2016.
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