4DHearing certain appeals

4D Hearing certain appeals S. 4D(1) amended by No. 68/2009 s. 97(Sch. item 35.4). (1) The Koori Court Division has jurisdiction to hear an appeal under section 254 or 257 of the **Criminal Procedure Act 2009** in the circumstances set out in section 4E if the appeal is against the sentence imposed by— (a) the Koori Court Division of the Magistrates' Court; or (b) the Magistrates' Court other than the Koori Court Division of that court. S. 4D(2) amended by No. 68/2009 s. 97(Sch. item 35.5). (2) An appeal to the Koori Court Division under section 254 or 257 of the **Criminal Procedure Act 2009** must be conducted as a re-hearing and is limited to an appeal against the sentence imposed. S. 4D(3) amended by No. 68/2009 s. 97(Sch. item 35.6). (3) Sections 256(1) and 259(1) of the **Criminal Procedure Act 2009** do not apply to an appeal to the Koori Court Division. S. 4DA inserted by No. 26/2012 s. 15. 4DA Circumstances in which Koori Court Division may deal with contravention of a sentence imposed by it or by another Division of the County Court For the purposes of sections 4B(b) and (ba), the circumstances are— (a) the accused is Aboriginal; and (b) the offence to which the sentence relates is within the jurisdiction of the County Court, other than— S. 4DA(b)(i) amended by No. 19/2017 s. 46(1). (i) a sexual offence as defined in section 6B(1) of the **Sentencing Act 1991**; and S. 4DA(b)(ii) repealed by No. 19/2017 s. 46(2). (c) in the case of an offence constituted by a contravention of a sentence referred to in section 4B(b) or (ba), the accused pleads guilty to the offence; and (d) the accused consents to the proceeding being dealt with by the Koori Court Division; and (e) the Koori Court Division considers that it is appropriate in all the circumstances that the proceeding be dealt with by it. S. 4E inserted by No. 51/2008 s. 6. 4E Circumstances in which Koori Court Division may deal with proceedings for certain offences or hear certain appeals For the purposes of sections 4C and 4D, the circumstances are— S. 4E(a) amended by No. 68/2009 s. 97(Sch. item 35.7). (a) the accused is Aboriginal; and (b) the offence is within the jurisdiction of the County Court, other than— S. 4E(b)(i) amended by No. 19/2017 s. 47(1). (i) a sexual offence as defined in section 6B(1) of the **Sentencing Act 1991**; and S. 4E(b)(ii) substituted by No. 51/2008 s. 10(4), repealed by No. 19/2017 s. 47(2). S. 4E(c) amended by No. 68/2009 s. 97(Sch. item 35.7). (c) the accused pleads guilty to the offence; and S. 4E(d) amended by No. 68/2009 s. 97(Sch. item 35.7). (d) the accused consents to the proceeding being dealt with by the Koori Court Division; and (e) the Koori Court Division considers that it is appropriate in all the circumstances that the proceeding be dealt with by it. S. 4EA inserted by No. 19/2017 s. 48. 4EA Certain matters may be dealt with by Koori Court Division only in certain venues (1) The Chief Judge may, by notice in the Government Gazette, specify a venue of the court as a venue at which the Koori Court Division may exercise— (a) the jurisdiction conferred on the Koori Court Division by section 4B(b) and (ba) in relation to the contravention or variation of a sentence imposed in relation to— (i) a contravention of a family violence intervention order or a family violence safety notice under the **Family Violence Protection Act 2008**; or (ii) an offence arising out of the same conduct as that from which the contravention arose; and (b) the jurisdiction conferred on the Koori Court Division by section 4B(b) and (ba) in relation to an offence constituted by a contravention of a sentence referred to in paragraph (a); and (c) the jurisdiction conferred on the Koori Court Division by section 4C or 4D in relation to a matter referred to in paragraph (a)(i) or (ii). (2) The Koori Court Division must not exercise the jurisdiction referred to in subsection (1) except when sitting at a venue specified under that subsection. S. 4F inserted by No. 51/2008 s. 6.