The NSW Court of Criminal Appeal (NSWCCA) is the highest criminal court in the state.
It is presided over by a panel of three Supreme Court Justices (or five in some cases), and hears appeals from the District and Supreme Courts of NSW.
Defendants who have been sentenced can appeal to the NSWCCA if they believe they should not have been convicted in the first place (known as a conviction appeal) and/or the punishment was too severe (known as a severity appeal).
Decisions made by the NSWCCA can only be appealed to the High Court of Australia.
February 2016 marked the 50th anniversary of the NSWCCA since its formation in 1966, and to celebrate, the court held a special 50th anniversary sitting.
To mark this special occasion, we reflect on the history of the court – and some of its most famous cases.
Why Was the Court Established?
The NSW judiciary is very old: the NSW Supreme Court was established in 1823, while the District Court was established in 1858.
The Court of Criminal Appeal was born much later, in 1966. Before its inception, criminal appeals from the District and Supreme Courts were heard by the Full Bench of the Supreme Court.
Due to growing backlogs and delays, the state decided to establish a separate appellate court. This was also partly inspired by New Zealand, which established a separate Court of Appeal in 1957, making the administration of justice more efficient.
Plans for a separate appeals court were backed by the Chief Justice of NSW at the time, the Hon Sir Kenneth Street, who wrote to the Attorney General highlighting the ‘phenomenal’ growth in cases before the Supreme and District Courts, and the excessive workload faced by the Supreme Court.
In just ten years, the number of appeals before the Court had doubled – and the numbers were steadily increasing. The proposal was also backed by the NSW Bar Association, which sent a report to the government emphasising these problems.
The NSWCCA was ultimately established on 1 January 1966 – together with a separate, secondary Court of Appeal which heard civil cases.
Famous CCA Decisions
The NSWCCA has seen many very interesting cases play out behind its walls – many of which have set important precedents for lower courts to follow.
One of the most recent cases is that of Hey Dad! Star Robert Hughes. After being convicted of sexually assaulting several children, the Downing Centre District Court sentenced Hughes to at least six years behind bars.
Hughes applied to the NSWCCA to overturn his conviction and sentence, arguing that a number of issues concerning his original trial amounted to a miscarriage of justice. Unfortunately for Hughes, the Court dismissed both his appeal against conviction and sentence.
Legal celebrities have also come before the court – back in 2010, former Supreme Court Justice Marcus Einfeld appealed against his sentence for perjury and perverting the course of justice. Einfeld was convicted after knowingly attributing a speeding fine to another person, who turned out to be dead, then lying about it in court. However, the NSWCCA refused to reduce Einfeld’s 21-month sentence of imprisonment.
And, in 2008, the court heard a severity appeal brought by the DPP against Kieran Loveridge – who was famously convicted of killing Thomas Kelly during a ‘one punch’ attack. The case thrust the issue of alcohol fuelled violence into the media spotlight.
Loveridge was originally sentenced to 4 years’ imprisonment for assaults carried out on five victims – including Thomas Kelly, who tragically passed away from his injuries. Due to widespread concern about the number of fatal one punch attacks, the state appealed the sentence to the CCA, arguing that it was ‘manifestly inadequate.’ The CCA agreed, increasing the sentence to 7 years imprisonment.
The appeal was a catalyst for a change in the law, leading to the introduction of eight-year mandatory minimum sentences for certain one-punch attacks.
Over the last 50 years, the NSWCCA has played an invaluable role in shaping the legal landscape in our state and providing an important avenue of appeal for defendants and the prosecution. Here’s to the next 50 years!
