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… Read more »
Posts Categorized: NSW Courts
Separation of Powers: Politician Tells Judge to Resign or Face Removal
New South Wales District Court judge Clive Jeffreys made headlines recently, criticised for being too lenient. One newspaper’s headline read “Judged Inadequate” while another’s said “Fails of Justice”. Judge Jeffreys, appointed to the bench in 2011, has faced attacks not only from the media, but also from a Senior NSW Government MP. Andrew Constance, the… Read more »
The Dangers of Identification Evidence
In the 1980s, Jennifer Thompson survived a brutal rape. She had studied her attacker’s face very carefully so she would be able to seek justice if she survived the ordeal. Her honest and detailed eyewitness evidence helped to convict and imprison Ronald Cotton for rape and burglary. Mr Cotton served ten and a half years of… Read more »
Police Apply to Supreme Court to Stop Commemorative Rally
Last Friday, police lost their Supreme Court bid to block an indigenous rights rally to commemorate the death of TJ Hickey (above), an indigenous teenager killed in 2004 during what many believe was a police pursuit. But the rally went ahead last Sunday as scheduled, starting at TJ Hickey Park and ending at Sydney Town… Read more »
Haunted Courts in NSW
Going to court is not normally a pleasant event; but for some, it’s downright spooky. In fact, there have been reports of ghost sightings and other paranormal activity in some NSW courts. ‘John’, resident ghost of Casino Local Court Casino, a small town in Northern NSW, is supposedly haunted by resident ghost ‘John.’ The registrar… Read more »
Judicial Discretion in Sentencing
Magistrates and judges have a significant amount of power when presiding over cases. That power ranges from determining what evidence can be used in court, right up to the appropriate penalty that a particular defendant should be given if they plead guilty or are found guilty. Judicial discretion is an important aspect of the sentencing… Read more »
Religion Inside the Courtroom: Should Oaths Be Scrapped?
The South Australian Law Reform Institute has recommended that the choice to take a religious oath when giving evidence should be scrapped in favour of a universal, non-religious promise to tell the truth in court, known as an ‘affirmation’. The Institute made several recommendations in its final report delivered just this week, which was a… Read more »
New $100 Million Coroner’s Court for NSW
NSW is set to welcome a brand new Coroner’s Court, with Attorney General Gabrielle Upton announcing a $100 million package earlier this week. The package will see the NSW Coroner’s Court, which has been located in Glebe since 1970, relocated to Lidcombe in Sydney’s west. NSW Health Pathology’s forensic medicine unit will also be shifted… Read more »
Four Things Not to Do When Representing Yourself in Court
Going to court can be a daunting experience, especially when you don’t have an experienced lawyer to guide you through the process and speak for you inside the courtroom. Here are four of the most common mistakes made by those who choose to represent themselves in court. 1. Entering the Wrong Plea Deciding whether to… Read more »
Ellis v The Queen: Judges Overstepping their Role
If you’ve ever watched a TV courtroom drama, you might think that the judge plays a very active role in jury trials – asking questions about the evidence, witnesses and, of course, making decisions about the law. In reality, however, this is not normally the way it plays out. While a judge oversees the case,… Read more »