Area of Law – Practice and Procedure

An Article about Can you appeal after a County Court Appeal from Magistrates Court?

Can you appeal from County Court after appeal from Magistrates Court
In Victoria you have matters heard summarily (in the Magistrastes Court) and then they can be appealed to the County Court. That appeal is a hearing de novo (the case is re-heard).

Once you have had an appeal in the County Court there is an option of judicial review to the Supreme Court. This is a very rarely used option and the grounds for doing so are very limited. Unfortunatlely it is not just because you do not agree with the Judge. It is very restricted in its application.

Some of the law expaining these situations follows:

After an appeal to County Court must be a judicial review

The judicial review jurisdiction of the Supreme Court of Victoria referred to in Order 56 of the Supreme Court Rules applies to decisions, including sentencing decisions, of the County Court of Victoria. The jurisdiction being discretionary, there is a principle that the Court might decline to grant the relief sought upon the ground that there was another equally effective and convenient remedy. This is not a consideration in the instant case because there is no remedy available to the plaintiff other than judicial review under Order 56.

Slater v Director of Public Prosecutions & Anor [2005] VSC 115 (22 April 2005)

Application for judicial review of a sentencing decision by a judge of the County Court of Victoria is not in the nature of a re-hearing of the plaintiff’s plea in mitigation. Unless the plaintiff establishes that a judicially reviewable error was made, such as an error of law on the face of the record or a jurisdictional error, the grounds upon which judicial review might be granted will not have been made out.The fact that the judge attached weight to a particular matter will not ordinarily constitute a reviewable error; where the matter was legally irrelevant, the position may be different, but this was not the case here.

Slater v Director of Public Prosecutions & Anor [2005] VSC 115 (22 April 2005)

 

Date: 01/09/2009