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District Court Of New South Wales
The District Court of New South Wales is the intermediate court in the judicial hierarchy of the Australian state of New South Wales. It is a trial court and has an appellate jurisdiction. In addition, the Judges of the Court preside over a range of tribunals. In its criminal jurisdiction, the Court may deal with all serious criminal offences except murder, treason and piracy. The Court's civil jurisdiction is generally limited to claims less than A$1,250,000. The District Court has had its current structure since reforms during 1973 which created a single court with a statewide criminal and civil jurisdiction.. The Chief Judge of the District Court, since 2014, is the Honourable Justice Sarah Huggett. History By 1850, the court system in the Colony of New South Wales consisted of: * The Supreme Court of New South Wales which, under the Third Charter of Justice sealed in 1823, had a criminal and civil jurisdiction similar to that of the superior Courts of England; * Courts o ...
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Downing Centre
The Downing Centre is a major heritage-listed former department store and now courthouse complex in Sydney, New South Wales, Australia. It features state government courts, including the Local Court, the District Court, and a law library known as the Downing Centre Library. The Downing Centre forms part of the Department of Communities and Justice and houses court services and sheriffs offices. The Downing Centre is located in the Sydney central business district, on Liverpool Street, between Elizabeth Street and Castlereagh Street. It sits opposite the south-west corner of Hyde Park and Museum railway station. A subway links the Downing Centre directly to Museum Station from an entrance on Castlereagh Street. Originally called the Mark Foy's Piazza Store, the building was renamed as the Downing Centre in 1991 in honour of Reg Downing, a former NSW Attorney General and Minister for Justice. The building was listed on the New South Wales State Heritage Register on 2 April ...
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Sarah Huggett
Sarah Huggett is an Australian lawyer and judge who is the first female Chief Judge of the District Court of New South Wales. Early life and education Sarah Huggett was born in Moree, one of eight children and the daughter of a police officer. She has a BA from Macquarie University and graduated from the University of Sydney with first class honours in law in 1991. Huggett completed a Master of Laws in 1995. Career Huggett worked for the Office of the Director of Public Prosecutions (DPP) from 1993, including time on exchange in the United Kingdom with the Crown Prosecution Service. She was appointed a Crown prosecutor in 2001. Huggett was an adjunct professor at Loyola Law School is Los Angeles in 2009. Huggett was appointed to the District Court of New South Wales in October 2012, working on the Criminal Trial Bench for twelve years. She oversaw a number of complex criminal cases, including many child sexual abuses cases. She was one of the judges on the court's Walama List, a ...
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Civil Law (common Law)
Civil law is a major "branch of the law", in common law legal systems such as those in England and Wales and in the United States, where it stands in contrast to criminal law. Glanville Williams. '' Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2.W J Stewart and Robert Burgess. ''Collins Dictionary of Law''. HarperCollins Publishers. 1996. . Page 68. Definition 4 of "civil law". Private law, which relates to civil wrongs and quasi-contracts, is part of civil law, as is contract law and law of property (excluding property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons ( natural persons and legal persons) amongst themselves is the primary concern of civil law. The common law is today as fertile a source for theoretical inquiry as it has ever been. Around the English-speaking world, many scholars of law, philosophy, politics, and history study the t ...
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Piracy
Piracy is an act of robbery or criminal violence by ship or boat-borne attackers upon another ship or a coastal area, typically with the goal of stealing cargo and valuable goods, or taking hostages. Those who conduct acts of piracy are called pirates, and vessels used for piracy are called pirate ships. The earliest documented instances of piracy were in the 14th century BC, when the Sea Peoples, a group of ocean raiders, attacked the ships of the Aegean and Mediterranean civilisations. Narrow channels which funnel shipping into predictable routes have long created opportunities for piracy, as well as for privateering and commerce raiding. Historic examples of such areas include the waters of Gibraltar, the Strait of Malacca, Madagascar, the Gulf of Aden, and the English Channel, whose geographic structures facilitated pirate attacks. The term ''piracy'' generally refers to maritime piracy, although the term has been generalized to refer to acts committed on land, ...
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Treason
Treason is the crime of attacking a state (polity), state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to Coup d'état, overthrow its government, spying on its military, its diplomats, its officials, or its secret services for a hostile foreign power, or Regicide, 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 ...
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Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisdiction (area), jurisdiction. ("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, 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). such as in the case of voluntary manslaughter brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Invol ...
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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 for federal crimes, 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'' ...
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Criminal Jurisdiction
Criminal jurisdiction is a term used in constitutional law and public law to describe the power of courts to hear a case brought by a state accusing a defendant of the commission of a crime. It is relevant in three distinct situations: #to regulate the relationship between states, or between one state and another; #where the nation is a federation, to regulate the relationship between the federal courts and the domestic courts of those states comprising the federation; and #where a state only has, to a greater or lesser extent, a single and unified system of law, it is the law of criminal procedure to regulate what cases each classification of court within the judicial system shall adjudicate upon. People must be tried in the same state the crime is committed. Extraterritorial issues Supranational courts Under the public international law system, de jure states are sovereign within their own territorial boundaries. A few states such as the Netherlands have adopted a monist approac ...
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Appellate Jurisdiction
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appellate courts other than supreme courts are sometimes named as Intermediate appellate court. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual evidence and testimony relevant to 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 determines the extent of the deference it will give to the lower court's decision, based on wheth ...
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Trial Court
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law. In the trial court, Evidence (law), evidence and testimony are admitted under the rules of evidence established by applicable procedural law and determinations called ''findings of fact'' are made based on the evidence. The court, presided over by one or more judges, makes ''findings of law'' based upon the applicable law. In most common law jurisdictions, the trial court often sits with a jury and one judge; in such jury trials, the jury acts as trier of fact. In some cases, the judge or judges act as triers of both fact and law, by either statute, custom, or agreement of the parties; this is referred to as a benc ...
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New South Wales
New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South Australia to the west. Its coast borders the Coral Sea, Coral and Tasman Seas to the east. The Australian Capital Territory and Jervis Bay Territory are Enclave and exclave, enclaves within the state. New South Wales' state capital is Sydney, which is also Australia's most populous city. , the population of New South Wales was over 8.3 million, making it Australia's most populous state. Almost two-thirds of the state's population, 5.3 million, live in the Greater Sydney area. The Colony of New South Wales was founded as a British penal colony in 1788. It originally comprised more than half of the Australian mainland with its Western Australia border, western boundary set at 129th meridian east in 1825. The colony then also includ ...
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States And Territories Of Australia
The states and territories are the national subdivisions and second level of government of Australia. The states are partially sovereignty, sovereign, administrative divisions that are autonomous administrative division, self-governing polity, polities, having ceded some sovereign rights to the Australian Government, federal government. They have their own state constitutions in Australia, constitutions, Parliaments of the Australian states and territories, legislatures, Premiers and chief ministers of the Australian states and territories, executive governments, Judiciary of Australia#State and territory courts and tribunals, judiciaries and state police#Australia, law enforcement agencies that administer and deliver public policy, public policies and programs. Territories can be autonomous administrative division, autonomous and administer local policies and programs much like the states in practice, but are still legally subordinate to the federal government. Australia has si ...
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