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:

NameTitleTerm beganTime in officeNotes
Tom Bathurst ACChief Justice1 June 20117 years, 134 days[3]
Margaret Beazley AOPresident, Court of Appeal2 January 20135 years, 284 days[4]
Clifton Hoeben AM, RFDJudge of Appeal23 April 20126 years, 173 days
Chief Judge at Common Law21 February 20135 years, 234 days
Julie WardJudge of Appeal12 November 20125 years, 335 days
Chief Judge in Equity15 March 20171 year, 212 days
John BastenJudge of Appeal2 May 200513 years, 164 days[5]
Fabian Gleeson29 April 20135 years, 167 days
Mark Leeming3 June 20135 years, 132 days
Robert Macfarlan8 September 200810 years, 35 days
Peter McClellan AM21 September 20135 years, 22 days
Ruth McColl AO29 April 200315 years, 167 days
Anthony Meagher10 August 20117 years, 64 days
Anthony Payne30 March 20162 years, 197 days
Carolyn Simpson11 June 20153 years, 124 days
Richard White15 March 20171 year, 212 days
Reginald Ian BarrettActing Judge of Appeal1 April 20153 years, 195 days
Arthur Emmett7 March 20135 years, 220 days
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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