230 Unit 2 | AOS 1 | Chapter 6: Sanctions

6D Criminal jurisdictions of
Victorian courts
When an accused person pleads not guilty to an offence, they will face a trial in the courts to
determine whether or not they are guilty beyond reasonable doubt.
How does the justice system decide which courts will hear and sentence a particular case? Can a
criminal case be heard in any Victorian court, or is each court limited to determining certain types
of cases?

Chapter 6

6A Sanctions – Principles of justice

Criminal investigations Criminal cases in the courts Sentencing offenders

6B Institutions enforcing criminal law 6D Criminal jurisdictions of Victorian courts 6F Types of sanctions

6C Institutional powers v individual rights 6E Role of the jury in a criminal trial 6G Purposes of sanctions

6H Factors considered in sentencing

6I Alternative approaches to sentencing

6J Aspects of sentencing in Victoria and Texas

In this lesson you will be learning about the Victorian court hierarchy and in particular, the different
criminal jurisdictions of each court. You will learn about the power of each court to hear cases in the
first instance (original jurisdiction), and on appeal (appellate jurisdiction).
You will also learn about the role of the courts in resolving criminal matters and the reasons for having
a court hierarchy.
Study design dot point
• An overview of the role and criminal jurisdictions of the Victorian courts

Key knowledge units

Overview of criminal jurisdictions in Victoria 2.1.4.1

Role of criminal jurisdictions in Victoria 2.1.4.2

CASES
Greater complexity
Lower volume

HIGH COURT OF AUSTRALIA

SUPREME COURT - COURT OF APPEAL

SUPREME COURT - TRIAL DIVISION

SUPERIOR COURTS
Courts with resources to resolve
long, complex disputes COUNTY COURT

LOWER COURTS
Resolves large numbers of relatively
minor disputes MAGISTRATES ' COURT
CASES
Less complexity
Greater volume

Figure 1 Overview of the Victorian court hierarchy

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 6D Criminal jurisdictions of Victorian courts 231

Overview of criminal jurisdictions in Victoria 2.1.4.1

overview
A hierarchy is a system in which courts are ranked according to their relative status or authority.
The court hierarchy ranks each court according to which types of cases it has the authority to
determine, which is known as the court’s jurisdiction.

details
A court can have two types of criminal jurisdiction: original jurisdiction and appellate jurisdiction:
• Original jurisdiction refers to the court’s power to hear a case at first instance (that is, to conduct a
trial when a case has not been to court before).
• Appellate jurisdiction refers to the court’s power to hear a case on appeal (that is, once a case has
been determined and a party seeks a review of some aspect of the decision).
An appeal is a request to a superior court to review and change an aspect of the decision made in the
original court. In a criminal matter, appeals may take a variety of forms:
• The prosecution or a convicted offender seeking a review of the sanction that has been imposed by
the original court, arguing that it is insufficient or excessive (depending on who appeals).
• The prosecution or a convicted offender appealing on the basis that the law has been incorrectly
applied or interpreted to reach the decision given in the original court.
• The convicted offender appealing the conviction on the basis that a particular fact has been
misinterpreted or incorrectly applied to reach the decision given by the original court.
The Supreme Court of Victoria
The Supreme Court of Victoria has two divisions - the Court of Appeal and the Trial Division.
All criminal cases are initiated in the Trial Division by the State of Victoria through the Director
of Public Prosecutions (DPP) on behalf of the community, while the Court of Appeal hears and
determines a variety of cases on appeal.
Table 1 The two divisions of the Supreme Court of Victoria

Supreme Court – Trial Division Supreme Court – Court of Appeal

• Has jurisdiction to hear all offences, but usually hears the
most serious indictable offences in Victoria.
• This includes cases such as murder, attempted murder
and treason.
• If the accused pleads ‘not guilty’ the case will be heard
before a judge and jury. If the accused pleads ‘guilty’, the
accused will be sentenced by a judge alone.
• The Trial Division can also hear criminal appeals from the
Magistrates’ Court on a question of law.
• Only hears appeals. No original jurisdiction.
• Hears appeals from criminal cases heard in
the County Court and Supreme Court –
Trial Division.
• An appeal is usually heard before three Supreme Court
justices, and may review the verdict given, the severity of
the sentence imposed or a question of law.
• A right to appeal is not automatic. An offender or the
prosecution must first receive leave (permission) from
the Court of Appeal before having their case heard.

USEFUL TIP
Remember that while the Court of Appeal and the Trial Division are separate in the Victorian court hierarchy, they are both
divisions of the Supreme Court and are not to be described as separate courts altogether. The Court of Appeal sits higher than
the Trial Division in the hierarchy – be sure to remember this, as the location of each court in the hierarchy is a common issue
in the Units 3&4 Legal exam!

USEFUL TIP
The Supreme Court – Trial Division conducts trials for serious indictable offences. It isn’t enough to simply say indictable
offences or serious offences.

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232 Unit 2 | AOS 1 | Chapter 6: Sanctions

The County Court of Victoria

Original Jurisdiction
The County Court has original jurisdiction to hear all indictable offences, except those very serious
cases such as murder and treason which are reserved for the Supreme Court - Trial Division.
Some examples of the indictable offences tried by the County Court include:
• Culpable driving
• Armed robbery
• Sexual offences
• Drug trafficking
• Arson.
Appellate Jurisdiction
The County Court has the power to hear criminal appeals from the Magistrates’ Court against either
a conviction or a sentence.
When an offender who has been found guilty and sentenced in the Magistrates’ Court appeals to the
County Court, the County Court will conduct the hearing again. This means that all parties to the
case must give evidence again. This new hearing in the County Court is known as a ‘de novo’ appeal.
The Magistrates’ Court
The Magistrates’ Court is responsible for hearing a large number of minor criminal cases (over 90%
of all criminal matters in Victoria). According to the Sentencing Advisory Council, in the 14 years
between 2004 to 2018, the Magistrates’ Court sentenced an average of 84,417 cases each year.
Source: Cases Sentenced in the Magistrates’ Court, Sentencing Advisory Council.

To manage this large volume of cases, the Magistrates’ Court includes a range of different divisions
that each specialise in particular matters. These divisions include (but are not limited to):
• The Drug Court Division
• The Family Violence Court Division
• The Koori Court Division
Original Jurisdiction
The Magistrates’ Court has original jurisdiction to hear:
• All summary offences such as minor traffic offences and assaults.
• Indictable offences heard and determined summarily:
− Some indictable offences may be heard as if they are summary offences in the Magistrates’
Court, provided both the court and the accused agree.
− For an indictable offence to be heard summarily, it must be punishable by no more than 10
years imprisonment (e.g. minor theft and burglary). See Lesson 2E for further details.
• Committal proceedings:
− A committal proceeding is only held for accused persons charged with an indictable offence
who have pleaded ‘not guilty’ or not yet entered a plea.
− These are hearings held to determine if the prosecution’s evidence is of sufficient weight to
support a conviction at trial. If so, the accused will be directed to stand trial in the County
Court or the Supreme Court.
• Bail and warrant applications.
Appellate Jurisdiction:
Being the lowest court in the Victorian court hierarchy, the Magistrates’ Court does not have the
power to hear any appeals from other courts and therefore has no appellate jurisdiction.

USEFUL TIP
Remember that culpable driving is an indictable offence and falls within the jurisdiction of the County
Court. It cannot be heard summarily and therefore cannot be heard by the Magistrates’ Court (which
can hear minor driving offences).

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 6D Criminal jurisdictions of Victorian courts 233

USEFUL TIP
The High Court does have a broad original jurisdiction including disputes between states and cases regarding the Australian
Constitution, however it will not conduct trials for criminal matters.
It may hear appeals arising from criminal matters heard in the Victorian Court of Appeal (and other state courts). A party
dissatisfied with a decision in the Court of Appeal does not have an automatic right to appeal to the High Court - the High
Court will only hear such an appeal if:
• the case involves complex areas of law that have previously been decided inconsistently in lower courts,
• the criminal case is of significant public importance, or
• the outcome of the case will impact other criminal proceedings.

Table 2 Summary of the criminal jurisdiction of the courts in the Victorian court hierarchy

Supreme Court – Original jurisdiction Appellate jurisdiction

Court of Appeal No original jurisdiction. All appeals from the County Court or the
Supreme Court – Trial Division
(with leave).

Supreme Court – Original jurisdiction Appellate jurisdiction

Trial Division Unlimited criminal jurisdiction, though in Appeals from the Magistrates’ Court,
practice only the most serious indictable specifically on a question of law.
offences such as murder or treason.

County Court of Victoria Original jurisdiction Appellate jurisdiction

All indictable offences, except those Appeals from the Magistrates’ Court
reserved for the Supreme Court. either on:
• A conviction
• A sentence

Magistrates’ Court of Original jurisdiction Appellate jurisdiction

Victoria • All summary offences, such as No appellate jurisdiction.
speeding and petty theft.
• Indictable offences heard summarily.
• Committal hearings.

USEFUL TIP
This is a topic in which students need to be able to effectively use and understand legal terminology – terms like ‘original
jurisdiction’, ‘appeal’ and so on will appear in your SACs and your exam, be sure you know what they mean!
For example, in the 2012 VCE Legal Studies Exam, Question 3B asked students: Using the Magistrates’ Court as an example,
explain the term ‘original jurisdiction’.
The Examiners’ Report for this exam found that the most common error seen in response to this question ‘was an
inadequate explanation of the term ‘original jurisdiction’. Many students defined ‘jurisdiction’ without defining ‘original
jurisdiction’ in detail.

Role of courts in Victoria 2.1.4.2

overview
Why have a court hierarchy? What benefit does separating criminal jurisdictions have on the
functionality of the Victorian criminal justice system?

details
In evaluating the role of the Victorian court hierarchy and the different criminal jurisdictions in
Victoria, it is necessary to consider what it would be like to have one large, all-encompassing court.

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234 Unit 2 | AOS 1 | Chapter 6: Sanctions

Assume a long and complex murder trial was held up by a large number of small matters such as
driving offences or minor thefts. What would this mean for the resolution of criminal cases?
The role of the Victorian courts in criminal cases can be broken into two
overarching responsibilities:
1. To determine the case by deciding whether the accused is guilty.
2. To impose an appropriate sanction if the accused is found to be (or has pleaded) guilty.
Having a court hierarchy with clearly established jurisdictions assists the criminal justice system
in effectively satisfying these responsibilities.
Reasons for a court hierarchy
Separating criminal jurisdictions across different Victorian courts allows for:

Administrative convenience Appeals process Specialisation

Figure 2 The benefits of a court hierarchy

Administrative Convenience
Administrative convenience comes from separating summary offences and minor criminal matters
that are heard by the lowest court from the more serious, complex and time-consuming cases that
are heard in higher courts.
Benefits of administrative convenience: Administrative convenience allows for the administration
of justice to be as efficient as possible by avoiding a backlog of cases in particular courts.
Processing cases across different courts increases access to the justice system by reducing delays
and associated costs:
• The superior courts (such as the Supreme Court - Trial Division) are able to devote more time and
resources to long and complex disputes without the court being ‘clogged up’ with the responsibility
of also resolving minor disputes.
• The lowest court (the Magistrates’ Court) can quickly resolve a large number of relatively minor
criminal disputes, minimising delays for accused persons and victims of crime.
Appeals Process
An appeals process is only possible within a court hierarchy, where decisions made in lower courts
can be appealed to superior courts if a party is dissatisfied with the original decision. Grounds for an
appeal include appealing on points of law, questions of fact or the sentence imposed.
Benefits of an appeals process: The appeals process promotes fairness in the administration of
justice as decisions can be reviewed and mistakes corrected.

USEFUL TIP
An appeal is not an automatic right. Typically, an appellant (the party seeking an appeal) must prove that they have sufficient
grounds to appeal and receive leave (permission) to have their case reviewed on appeal in a superior court.

case study DPP (CTH) v Paul Robert Munro [2019] VSCA 89

Munro pleaded guilty to six charges involving the importation of dangerous firearms, including
fully automatic machine guns. The County Court sentenced him to 10 years and 3 months’
imprisonment, with a non-parole period of 6 years.
The Commonwealth Director of Public Prosecutions appealed to the Supreme Court - Court of
Appeal against the sentence imposed by the County Court, claiming it was manifestly inadequate.
The Court of Appeal allowed this appeal and resentenced Munro to a total effective sentence of
15 years, with a non-parole period of 11 years. In resentencing the offender, the Court said that
general deterrence was of the highest importance in this case, considering the importation of
such dangerous weapons is a very serious offence.
This is an example of how organising the courts into a hierarchy allows for superior courts to
review the decisions of lower courts (and if needed correct errors made in lower courts).

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 6D Criminal jurisdictions of Victorian courts 235

Specialisation
Specialisation refers to the expertise developed by each of the courts in hearing certain types
of criminal cases. A court hierarchy delivers specialisation by assigning each court a defined
jurisdiction – a set of criminal offences that each court hears regularly. For example:
• A judge in the Supreme Court would regularly conduct trials for murder and therefore become
increasingly familiar with laws relating to murder and directing a jury.
• A magistrate in the Magistrates’ Court would be familiar with specific laws and the evidence
presented by the police relating to driving offences such as speeding and drink-driving.
Benefits of specialisation: Specialisation promotes fairness in decision-making by ensuring criminal
cases are heard by experienced legal professionals who have expert knowledge of the law pertaining
to those particular cases. The skill and expertise developed by regularly conducting similar cases
allows for a more fair and accurate outcome and a more timely resolution of cases.

USEFUL TIP
It is important to remember that specialisation and administrative convenience are not the same thing.
• Specialisation refers to the expertise that the courts develop in hearing certain types of cases.
• Administrative convenience refers to the ability for the courts to distribute resources more
effectively by organising cases according to how serious or complex they are.

The court hierarchy and the principles of justice

Table 3 Strengths and weaknesses of the Victorian court hierarchy and its ability to achieve fairness

Principle of justice: Fairness

Strengths of the courts and court hierarchy Weaknesses of the courts and court hierarchy
- how fairness is promoted - limitations in achieving fairness

Specialisation. The specialisation created by separating Appeal cost. Some offenders may not be able to appeal to
cases across the court hierarchy allows for different cases to the higher courts if they cannot afford the fees associated
be presided over by skilled and knowledgeable judges and with appeals and the legal representation needed to prepare
magistrates who are therefore more able to ensure a fair and and present an appeal, limiting their ability to have mistakes
correct outcome. corrected. In such cases the hierarchy does not deliver
Administrative convenience. The administrative convenience fairness for these offenders.
of having a court hierarchy promotes fairness by reducing
the backlog of cases in particular courts and minimising
unnecessary delays and costs associated with taking a matter
to court. As delays add to the suffering of victims of crime and
the anxiety felt by accused persons and victims, promoting
timely resolution of cases increases fairness for these parties.
Appeals. The court hierarchy promotes fairness by enabling
superior courts to review the decisions of lower courts. This
appeals process allows for mistakes to be corrected, which
is fair.
Independent and public. Trials in all courts in the hierarchy are
conducted in public (except in exceptional circumstances), by
judges and magistrates who are independent of the parties.
This ensures decisions are based on the facts and the law,
rather than being politically motivated or based on some bias/
prejudice toward one of the parties.

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236 Unit 2 | AOS 1 | Chapter 6: Sanctions

Table 4 Strengths and weaknesses of the Victorian court hierarchy and its ability to achieve access

Principle of justice: Access

Strengths of the courts and court hierarchy Weaknesses of the courts and court hierarchy
- how access is promoted - limitations in achieving access

Appeals process. The organisation of courts into a hierarchy
promotes access to justice by facilitating the review of judicial
decisions and providing parties with an avenue to have their
case reheard.
Published online. Each court publishes information online
regarding its criminal jurisdiction, assisting accused persons
who may be unable to engage legal representation to
understand the procedures used in court.
Appeals process. An appeal is not an automatic right.
Grounds for appeal must exist and be considered strong
enough to warrant a review by a superior court. This may
render some cases ineligible for an appeal, meaning access to
such appeals is limited.
Some offenders may not be able to appeal to the higher courts
if they cannot afford the fees associated with lodging an
appeal and engaging legal representation.
Intimidating procedures. The strict procedures used in the
courts may discourage some victims of crime from reporting
crimes to the police due to the fear of giving evidence in a
public forum. These procedures become even more complex
and formal in higher courts.

Table 5 Strengths and weaknesses of the Victorian court hierarchy and its ability to achieve equality

Principle of justice: Equality

Strengths of the courts and court hierarchy Weaknesses of the courts and court hierarchy
– how equality is promoted – limitations in achieving equality

Specialisation. The specialisation of different courts allows
each accused person to understand exactly which court is
likely to hear their case, and know that all other cases of the
same nature will likely be heard in the same court and in a
similar way.
Appeals process. The court hierarchy does not deliver equal
access to appeals for all offenders due to the costs associated
with an appeal, and the fact that not everybody may be
entitled to an appeal.

USEFUL TIP
Be careful not to just memorise reasons for having a court hierarchy. Make sure you can apply this knowledge to a specific case
or question.
For example, consider Question 1C from the 2017 VCAA exam:
Simon Fortune, 40, was charged with kidnapping. His trial was heard in the County Court of Victoria, and he was
found guilty and sentenced. Simon intends to appeal. Other than appeals, explain one reason why a court hierarchy is
beneficial in this case.
The VCAA Examiner’s report for that year stated ‘The reference to the case needed to be meaningful, for example, an
explanation of how specialisation might assist Simon or the case generally.’
Notice that specific reference to Simon and his case was necessary to gain full marks for this question. For example, a good
answer might say that ‘as a judge in the County Court, the judge in Simon’s case would be specialised in hearing indictable
offences such as kidnapping. This would lead to a fair trial, as this judge has skills and expertise in the particular legal issues
that arise in such a case.’

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 6D Criminal jurisdictions of Victorian courts 237

USEFUL TIP
When describing the reasons for a court hierarchy, be careful not to simply state that a hierarchy allows for appeals/
specialisation/administrative convenience. Instead, be sure to explain how the actual ranking of the courts based on
jurisdiction provides for that reason. That is, be sure to highlight how the structure of the Victorian court hierarchy establishes
each benefit, as opposed to not having a hierarchy at all.
For example, a complete answer might build as follows:
Statement The Victorian court hierarchy provides for an appeals system, which allows decisions made in
lower courts to be appealed to superior courts if a party is dissatisfied with the original decision.
Explaining how This is only possible within a court hierarchy, which establishes a ranking of the courts according
to their authority and outlines the appellate jurisdiction of superior courts of record. Without a
court hierarchy, there would only be one level of courts and no superior court to review the
decisions of lower courts.

This response includes the following:

1. Stated that a hierarchy provides for an appeals system.
2. Briefly defined ‘appeals’.
3. Shown how this benefit is possible by organising the courts into a hierarchy, as opposed to not having a hierarchy.

Keen to learn more? 

Magistrates’ Court, https://www.mcv.vic.gov.au/
County Court of Victoria, https://www.countycourt.vic.gov.au/
Supreme Court of Victoria, https://www.supremecourt.vic.gov.au/

QUESTIONS 6D Criminal jurisdictions of Victorian courts

LEVEL 1: 1. Fill in the blank spaces:
Define and understand A court’s ___________ jurisdiction refers to the power it has to hear a case ___________ ,
whereas the same court’s ___________ jurisdiction refers to the power it has to hear a
___________ on appeal.
A. appellate; on appeal; original; summary offence
B. original; at first instance; appellate; summary offence
C. original; at first instance; appellate; case
D. judicial; on appeal; original; dispute

2. Which of the following statements about the Court of Appeal is incorrect?

A. The Court of Appeal is a superior court of record and therefore has original jurisdiction
to hear all indictable offences, regardless of their complexity. The Court of Appeal also
deals with a large number of cases on appeal, especially from the Magistrates’ Court as
this is where a majority of criminal matters are heard at first instance.
B. The Court of Appeal will hear criminal appeals from both the County Court and the
Supreme Court (Trial Division).
C. An appeal to the Court of Appeal is not an automatic right. An offender must first
receive leave from the Court of Appeal to have their appeal heard in this court.
D. None of the above.

3. Which of the following is not a benefit of having a court hierarchy?

A. Appeals process
B. Administrative convenience
C. Specialisation
D. Trial by peers

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