New South Wales Court of Criminal Appeal
| New South Wales Court of Criminal Appeal | |
|---|---|
 | |
| Jurisdiction |  New South Wales |
| Location | Six locations in Sydney CBD |
| Composition method | Vice-regal appointment upon Premier's nomination, following advice of the Attorney General and Cabinet |
| Authorised by | Parliament of New South Wales via the:
|
| Appeals to | High Court of Australia |
| 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 Andrew Bell |
| Since | 7 March 2022 |
| President of the Court of Appeal | |
| Currently | Justice Julie Ward |
| Since | 7 March 2022 |
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
[edit]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.
Composition
[edit]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:
| Name | Title | Term began | Time in office | Notes |
|---|---|---|---|---|
| Andrew Bell | Chief Justice | 7 March 2022 | 2 years, 246 days | [3] |
| Julie Ward | President, Court of Appeal | 7 March 2022 | 2 years, 246 days | [4] |
| Anthony Meagher | Judge of Appeal | 10 August 2011 | 13 years, 90 days | [5] |
| Fabian Gleeson | 29 April 2013 | 11 years, 193 days | ||
| Mark Leeming | 3 June 2013 | 11 years, 158 days | ||
| Anthony Payne | 30 March 2016 | 8 years, 223 days | ||
| Richard White | 15 March 2017 | 7 years, 238 days | ||
| Anna Mitchelmore | 28 March 2022 | 2 years, 225 days | ||
| Jeremy Kirk | 21 April 2022 | 2 years, 201 days | ||
| Christine Adamson | 7 December 2022 | 1 year, 337 days | ||
| Kristina Stern | 8 June 2023 | 1 year, 153 days | ||
| Ian Harrison | Chief Judge at Common Law |
9 November 2023 | 365 days | [6] |
| David Hammerschlag | Chief Judge in Equity | 17 March 2022 | 2 years, 236 days | [7] |
| John Griffiths | Acting Judge of Appeal | 10 April 2022 | 2 years, 212 days | |
| John Basten | Acting Judge of Appeal | 17 April 2022 | 2 years, 205 days |
Caseload
[edit]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
See also
[edit]
References
[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.