Criminal Lawyers SydneyDistrict Court – Trials and Appeals

The District Court of New South Wales is the intermediate Court in the state’s judicial hierarchy. It is the largest trial court in Australia and has an appellate jurisdiction. It hears serious criminal offences, appeals from lower courts and civil proceedings.

In its criminal jurisdiction, the court may deal with all criminal offences except murder, treason and piracy.

The District Court determines cases that have been committed (referred) from the Local Court or Children’s Court. Cases are committed to the District Court for trial or for sentence.

A trial is held when the accused person pleads not guilty to an indictable offence. A jury will determine the guilt or innocence of the accused (unless the accused elects to have a trial by judge alone).

A sentence hearing is held if a person pleads guilty to an indictable offence. Sentence hearings are heard by a judge alone, with the accused and the prosecution making submissions about the sentence. Juries do not determine sentence cases.

At a sentence hearing, the court will be presented with the facts of the case, which have been agreed by the prosecution and the defence. The court may also order that a pre-sentence report be provided. Both the prosecution and defence may present other reports and evidence if they are considered appropriate. The DPP will present your previous criminal record and, in relation to certain types of offences, victim impact statements. The defence may present medical or other reports, and may also call oral evidence from the accused person or from other persons.

The prosecution is responsible for proving beyond reasonable doubt that an accused person committed the alleged offence. The defence can choose to cross-examine the prosecution witnesses or challenge the evidence. It can also call its own evidence or witnesses.

An accused person or the prosecution can apply for the case to be tried by judge alone, instead of by jury. Application for trial by judge alone is made by notice of motion and must be made at least 28 days prior to the trial date, or with leave of the court.

The following is a general overview of the steps in a criminal trial by jury:

• Jurors are empanelled and sworn in for jury service
• The indictment (offences) is read out the accused (this is called arraignment)
• The accused takes a formal plea before the jury
• The Crown (prosecutor) and the Defence open their respective cases
• The Crown calls witnesses and the witnesses give evidence
• The Defence calls witnesses and the witnesses give evidence
• The Crown raises issues in reply to Defence case, and addresses the jury
• The Defence addresses the jury
• The judge sums up and the jury goes out to deliberate
• The jury returns and delivers a verdict, or advises that they are unable to reach a verdict
• If the accused is found guilty, the case is adjourned to another date for sentence
• If found not guilty, the accused is discharged
• If the jury is discharged without reaching verdict (known as a hung jury), the matter is relisted for trial

In trials by jury, the jury can return a verdict of “guilty” or “not guilty.” If the jury returns the verdict of ‘not guilty’, the defendant is acquitted and discharged from the courtroom. If the jury returns a ‘guilty’ verdict, the accused is convicted and may be sentenced either then, or at a later date determined by the court.

The penalties the court can impose include good behaviour bonds, fines, community service orders, intensive correctional orders and imprisonment.

Judgments (reasons for a sentencing decision) by District Court judges may be delivered orally, or in written form. Where the Judge decides to publish the judgment it can be accessed on the NSW Caselaw website.

The District Court can hear appeals against Local Court and Children’s Court decisions. Appeals against District Court decisions go to the Court of Criminal Appeal, the Court of Appeal or the Supreme Court of NSW, depending on the type of case in question. For further information, go to www.districtcourt.justice.nsw.gov.au Do you have a criminal matter in the District Court? Call Criminal Lawyers Sydney on (02) 9533 2269