NSW Court of Criminal Appeal
| New South Wales Court of Criminal Appeal | |
|---|---|
 |
|
| Jurisdiction | New South Wales, Australia |
| Location | Six locations in Sydney CBD |
| Composition method | Vice-regal appointment upon Premier's nomination, following advice of the Attorney General and Cabinet |
| Authorized by |
Parliament of New South Wales via the:
|
| Decisions are appealed to | High Court of Australia |
| Decisions are heard for 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 Tom Bathurst AC |
| Since | 1 June 2011 |
| President of the Court of Appeal | |
| Currently | Justice Margaret Beazley AO |
| Since | 2 January 2013 |
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.
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 against the severity 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.
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.
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. Judges are selected from the Chief Justice in complex matters, the President of the Court of Appeal, the Judges of Appeal, the Chief Judge as well as other nominated judges of the Common Law Division. Single judges hear sentence appeals from the Drug Court.
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