County Court Of Victoria
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County Court Of Victoria
The County Court of Victoria is the intermediate court in the Australian state of Victoria. It is equivalent to district courts in the other states. The County Court is the principal trial court in the state, having a broad criminal and civil jurisdiction. The court hears indictable offences (with the exception of murder, manslaughter, and treason), and has unlimited civil jurisdiction, though it generally only hears cases where the statement of claim exceeds the Magistrates' Court limit of $100,000. The court also possesses appellate jurisdiction for cases from the Magistrates' Court, while decisions of the County Court may be appealed to the Supreme Court. With approximately 70 sitting judges, the court hears up to 12,000 cases annually. Peter Kidd was named Chief Judge of the County Court on 8 September 2015. History The County Court was first established in Victoria in 1852 by the ''County Courts Act 1852''. A County Court operated in the County of Bourke and some regio ...
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A county is a geographic region of a country used for administrative or other purposesChambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French denoting a jurisdiction under the sovereignty of a count (earl) or a viscount.The Oxford Dictionary of English Etymology, C. W. Onions (Ed.), 1966, Oxford University Press Literal equivalents in other languages, derived from the equivalent of "count", are now seldom used officially, including , , , , , , , and ''zhupa'' in Slavic languages; terms equivalent to commune/community are now often instead used. When the Normans conquered England, they brought the term with them. The Saxons had already established the districts that became the historic counties of England, calling them shires;Vision of Britai– Type details for ancient county. Retrieved 31 March 2012 many county names derive from the name of the county town (county seat) with th ...
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Supreme Court Of Victoria
The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state. The Supreme Court comprises two divisions: the Trial Division, which oversees its original jurisdiction, and the Court of Appeal, which deals with its appellate jurisdiction, and is frequently referred to as a court in its own right. Although the Supreme Court is theoretically vested with unlimited jurisdiction, it generally only hears, at trial, criminal cases in instances of murder, manslaughter or treason, and civil cases where the statement of claim is in excess of the Magistrates' Court limit of $100,000. The court hears appeals from the County Court, as well as limited appeals from the Magistrates' Court. Decisions of the Supreme Court are appealable to the High Court of Australia. The building itself is on the Victorian Heritage Register. Jurisdiction Th ...
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County Of Bourke, Victoria
The County of Bourke is one of the 37 counties of Victoria which are part of the Lands administrative divisions of Australia, (used for land titles and no longer other administrative or political function). It is the oldest and most populous county in Victoria and contains the city of Melbourne. Like other counties in Victoria, it is subdivided into parishes. The county was named after Irish born Sir Richard Bourke, the Governor of New South Wales between 1831 and 1837. It is bordered by the Werribee River in the west; the Great Dividing Range in the north; Port Phillip in the south; and by Dandenong Creek, a small part of the Yarra River, and the Plenty River in the east. The county was proclaimed in 1853. The "Melbourne and County of Bourke Police" was the name for the police force in the area before 1853. The County of Bourke was used on the name of the electoral roll in 1845. There was also the "Bourke County Court" in the 1850s, which became the County Court of Victoria ...
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Appellate Jurisdiction
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinaril ...
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Treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor. Historically, in common law countries, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife or that of a master by his servant. Treason (i.e. disloyalty) against one's monarch was known as ''high treason'' and treason against a lesser superior was ''petty treason''. As jurisdictions around the world abolished petty treason, "treason" came to refer to what was historically known as high treason. At times, the term ''traitor'' has been used as a political epithet, regardless of any verifiable treasonable action. In a civil war or ...
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Manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The definition of manslaughter differs among legal jurisdictions. Types Voluntary In voluntary manslaughter, the offender had intent to kill or seriously harm, but acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit homicide. This i ...
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Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction (area), jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most a ...
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Indictable Offence
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a '' prima facie'' case to answer or by a grand jury (in contrast to a summary offence). A similar concept in the United States is known as a felony, which also requires an indictment. In Scotland, which is a hybrid common law jurisdiction, the procurator fiscal will commence solemn proceedings for serious crimes to be prosecuted on indictment before a jury. Australia In Australia, an indictable offence is more serious than a summary offence, and one where the defendant has the right to trial by jury. They include crimes such as murder, rape, and threatening or endangering life. The system is underpinned by various state and territory acts and the ''Commonwealth Crimes Act 1914''. In South Australia, ...
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States And Territories Of Australia
The states and territories are federated administrative divisions in Australia, ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing polities with incomplete sovereignty (having ceded some sovereign rights to federation) and have their own constitutions, legislatures, departments, and certain civil authorities (e.g. judiciary and law enforcement) that administer and deliver most public policies and programs. Territories can be autonomous and administer local policies and programs much like the states in practice, but are still constitutionally and financially subordinate to the federal government and thus have no true sovereignty. The Federation of Australia constitutionally consists of six federated states (New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia) and ten federal territories,Section 2B, Acts Interpretation Act 1901 out of ...
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Victoria (Australia)
Victoria is a state in southeastern Australia. It is the second-smallest state with a land area of , the second most populated state (after New South Wales) with a population of over 6.5 million, and the most densely populated state in Australia (28 per km2). Victoria is bordered by New South Wales to the north and South Australia to the west, and is bounded by the Bass Strait to the south (with the exception of a small land border with Tasmania located along Boundary Islet), the Great Australian Bight portion of the Southern Ocean to the southwest, and the Tasman Sea (a marginal sea of the South Pacific Ocean) to the southeast. The state encompasses a range of climates and geographical features from its temperate coastal and central regions to the Victorian Alps in the northeast and the semi-arid north-west. The majority of the Victorian population is concentrated in the central-south area surrounding Port Phillip Bay, and in particular within the metropolit ...
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Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, smaller islands. With an area of , Australia is the largest country by area in Oceania and the world's List of countries and dependencies by area, sixth-largest country. Australia is the oldest, flattest, and driest inhabited continent, with the least fertile soils. It is a Megadiverse countries, megadiverse country, and its size gives it a wide variety of landscapes and climates, with Deserts of Australia, deserts in the centre, tropical Forests of Australia, rainforests in the north-east, and List of mountains in Australia, mountain ranges in the south-east. The ancestors of Aboriginal Australians began arriving from south east Asia approximately Early human migrations#Nearby Oceania, 65,000 years ago, during the Last Glacial Period, last i ...
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