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S. 4DA(b)(ii) repealed by No. 19/2017 s. 46(2).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).