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 regarding the adequacy 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.
Compositionedit
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. The presiding judge is usually one of the Chief Justice, the President of the Court of Appeal, a Judge of Appeal or the Chief Judge at Common Law. Typically each bench comprises at least two judges of the Common Law Division.[2]: 6 Single judges hear sentence appeals from the Drug Court.[2]: 15
The Judges who may typically be the presiding judge are listed below:
In 2018, the Court heard 407 new cases, which included 265 appeals against severity of sentence, 108 appeals against conviction, 19 appeals against interlocutory judgments and 1 case returned from the High Court for re-hearing. Appeals against convictions were approximately 27 per cent in 2018 and, in recent years have showed a trend towards increasing complexity, impacting on Court time and resources.[2]: 25
^ ab"Court of Criminal Appeal". Supreme Court of New South Wales. Government of New South Wales. 20 May 2015. Retrieved 8 August 2016.
^ abc"2018 Annual Review" (PDF). Supreme Court of New South Wales. Government of New South Wales. 2018. Retrieved 11 June 2020.
^"New Chief Justice of NSW". NSW Department of Communities and Justice. Retrieved 28 February 2022.
^"New President of the Court of Appeal". NSW Department of Communities and Justice. Retrieved 28 February 2022.
^"Judicial officer contact details". Supreme Court of New South Wales. Retrieved 8 March 2022.
^. 9 November 2023. Archived from the original on 13 August 2021.
^Speakman, M Attorney-General (16 March 2022). "New appointmenbts to strengthen Supreme Court" (PDF). Retrieved 21 March 2022.
External linksedit
Court of Criminal Appeal Judgements
April 11, 2024
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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 New South Wales Court of Criminal AppealJurisdiction New South WalesLocationSix locations in Sydney CBDComposition methodVice regal appointment upon Premier s nomination following advice of the Attorney General and CabinetAuthorized byParliament of New South Wales via the Constitution Act 1902 NSW Supreme Court Act 1970 NSW Criminal Appeal Act 1912 NSW Appeals toHigh Court of AustraliaAppeals fromSupreme Court of NSWDistrict Court of NSWIndustrial Court of NSWLand amp Environment Court of NSWDrug Court of NSWJudge term lengthmandatory retirement by age of 72Websitesupremecourt justice nsw gov auChief Justice of New South WalesCurrentlyJustice Andrew BellSince7 March 2022 2022 03 07 President of the Court of AppealCurrentlyJustice Julie WardSince7 March 2022 2022 03 07 Contents 1 Jurisdiction 2 Composition 3 Caseload 4 See also 5 References 6 External linksJurisdiction editThe 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 regarding the adequacy 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 editThree 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 The presiding judge is usually one of the Chief Justice the President of the Court of Appeal a Judge of Appeal or the Chief Judge at Common Law Typically each bench comprises at least two judges of the Common Law Division 2 6 Single judges hear sentence appeals from the Drug Court 2 15 The Judges who may typically be the presiding judge are listed below This table is an excerpt from New South Wales Court of Appeal Current composition edit Name Title Term began Time in office NotesAndrew Bell Chief Justice 7 March 2022 2 years 34 days 3 Julie Ward President Court of Appeal 7 March 2022 2 years 34 days 4 Anthony Meagher Judge of Appeal 10 August 2011 12 years 244 days 5 Fabian Gleeson 29 April 2013 10 years 347 daysMark Leeming 3 June 2013 10 years 312 daysAnthony Payne 30 March 2016 8 years 11 daysRichard White 15 March 2017 7 years 26 daysAnna Mitchelmore 28 March 2022 2 years 13 daysJeremy Kirk 21 April 2022 1 year 355 daysChristine Adamson 7 December 2022 1 year 125 daysKristina Stern 8 June 2023 307 daysIan Harrison Chief Judge at Common Law 9 November 2023 153 days 6 David Hammerschlag Chief Judge in Equity 17 March 2022 2 years 24 days 7 John Griffiths Acting Judge of Appeal 10 April 2022 2 years 0 daysJohn Basten Acting Judge of Appeal 17 April 2022 1 year 359 daysCaseload editIn 2018 the Court heard 407 new cases which included 265 appeals against severity of sentence 108 appeals against conviction 19 appeals against interlocutory judgments and 1 case returned from the High Court for re hearing Appeals against convictions were approximately 27 per cent in 2018 and in recent years have showed a trend towards increasing complexity impacting on Court time and resources 2 25 See also edit nbsp New South Wales portal nbsp Law portal List of New South Wales courts and tribunalsReferences edit a b Court of Criminal Appeal Supreme Court of New South Wales Government of New South Wales 20 May 2015 Retrieved 8 August 2016 a b c 2018 Annual Review PDF Supreme Court of New South Wales Government of New South Wales 2018 Retrieved 11 June 2020 New Chief Justice of NSW NSW Department of Communities and Justice Retrieved 28 February 2022 New President of the Court of Appeal NSW Department of Communities and Justice Retrieved 28 February 2022 Judicial officer contact details Supreme Court of New South Wales Retrieved 8 March 2022 New Chief Judge at Common Law appointed to NSW Supreme Court 9 November 2023 Archived from the original on 13 August 2021 Speakman M Attorney General 16 March 2022 New appointmenbts to strengthen Supreme Court PDF Retrieved 21 March 2022 External links editCourt of Criminal Appeal Judgements Retrieved from https en wikipedia org w index php title New South Wales Court of Criminal Appeal amp oldid 1175591576, wikipedia, wiki, book, books, library,
