Victorian County Court

2. Victorian County Court Maddison Fenton & Brandon Barratt

3. Location The County Court is located in the legal precinct in Melbourne’s central business district, on the corner of William Street, and Lonsdale Street opposite the Supreme Court and Melbourne’s Magistrates’ Court. (250 William Street, Melbourne, 3000)

4. Role and Function The County Court is an intermediate court in the Victorian court hierarchy between the magistrates’ and supreme courts. The County Court is the largest and busiest trial court in Victoria, having jurisdiction to hear a range of criminal and civil trials, with a broad jurisdiction. It can hear criminal appeals from the Magistrates’ Court on conviction and sentence. The County Court is presided over a single judge, and has a specialist Koori Court and various lists to deal with particular types of cases in a more efficient and effective manner.

5. Original Criminal Jurisdiction • The county court has original jurisdiction to determine all indictable offences except for treason, murder and murder related offences (such as attempted murder and child homicide). • indictable offences heard by the court include armed robbery, serious drug related offences, dangerous and culpable driving causing death, and serious sexual offences. • A jury of 12 determines the verdict in all original criminal trials where the accused pleads not guilty. The judge determines questions of law and the sanction.

6. Original Civil Jurisdiction • The county court has the same original civil jurisdiction as the Supreme Court (Trial division) and can hear all civil disputes involving an unlimited monetary amount. • Civil disputes heard include claims made for workplace and motor vehicle injury, and disputes involving negligence, defamation and commercial (business) dealings. • A jury of six is optional in civil trials and used only if requested by either party or the judge. When present, the jury determines the verdict and amount of damages to be awarded. • If a jury is not requested, a single judge will determine questions of law, the verdict and the remedy.

7. Appeals/Appeals from the Count Court • The County Court has appellate jurisdiction to hear certain types of criminal appeals from the Magistrate’s Court. Parties wishing to appeal against a decision imposed by the County Court may appeal to the Supreme Court of Appeal. • Parties may appeal against a decision imposed by the County Court in both criminal and civil cases to the Supreme Court of Appeal.

8. Appellate Jurisdiction • The county court has only appellate criminal jurisdiction (that is, it cannot hear any civil appeals) to hear criminal appeals against a conviction or sentence imposed by the Magistrates’ Court. • Both the prosecution and defendant may appeal against the leniency or severity of a sentence respectively, but only the defendant may appeal against a conviction because of the double jeopardy rule prevents an individual who has been acquitted (found not guilty) of a charge from being retired for the same offence. • The double jeopardy rule provides that, once acquitted (found not guilty) of a charge, an accused cannot be retired from the same (or a similar) offence.

9. Appellate Criminal Jurisdiction • The Supreme Court of Appeal hears all appeals from the County Court. In a criminal case, if sufficient grounds exist, a defendant may appeal from the County Court against their conviction and sentence, or on a point of law, to the Supreme Court of Appeal. The prosecution may appeal against the leniency of the sentence and on a point of law.

10. Appellate Civil Jurisdiction • Parties to a civil case heard in the County Court may appeal to the Supreme Court of Appeals against the verdict, remedy, or on a point of law.

11. Who presides in the Court? The judge presides over the court and hears the matters brought before it. The judge acts impartially to ensure that the rules of evidence and proper procedures are followed. A judge also directs the jury and answers questions it may have during a trial or when deliberating on the verdict. If the jury finds a person guilty of a criminal offence, it is the judge’s responsibility to decide the sentence to be imposed. In those civil cases in which there is no jury, the judge must decide whether the plaintiff has established his or her claim against the defendant. If the claim is established, the judge decides on the remedy.

12. Special Features/ Interesting Facts • The County Court was established in 1852 modelled on English County Courts, with the purpose to provide cheap and readily available forums for the quick disposal of small civil claims • The County Koori Court was established by the ‘County Court Amendment (Koori Court) Act 2008. It ensures greater participation of the Aboriginal community in the sentencing process of the County Court through the role played in that process by the Aboriginal Elders or Respected Persons and others such as the Koori Court Officer. • Judge Cannon is the judge in charge of the Sexual Offences List

13. Continued... Statutes relevant to the Court’s Criminal jurisdiction include; • Crimes Act 1958 • Criminal Procedure Act 2009 • Drugs Poisons and Controlled Substances 1981 • Evidence Act 2008 • Firearms Act 1996 • Juries Act 2000 • Sentencing Act 1991

14. Continued… The County Court has its headquarters on the corner of William and Lonsdale Streets in Melbourne. The building is owned by Challenger Financial Services. It also does circuits to the following locations: • Bairnsdale • Ballarat • Bendigo • Geelong • Hamilton • Horsham • Mildura • Morwell • Sale • Shepparton • Wangaratta • Warrnambool • Wodonga

15. Exam Question • ‘Outline who is within the county court room and explain what the civil and criminal jurisdictions are.’ (6 marks)