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Composition method Vice-regal appointment upon Premier's nomination, following advice of the Attorney General and Cabinet Authorized by Decisions are heard for appeals from Supreme Court of NSWDistrict Court of NSWIndustrial Court of NSWLand & Environment Court of NSWDrug Court of NSW Judge term length mandatory retirement by age of 72 | ||
New south wales court of criminal appeal top 6 facts
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.
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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.
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. Single judges hear sentence appeals from the Drug Court.
Judges who may form a panel or hear sentence appeals from the Drug Court alone are listed below:
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.