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The County Court (CRIMINAL (The County Court rules on all "…
The County Court
CIVIL
The County Court takes civil cases where the plaintiff is claiming damages of more than $100,000 (the maximum that can be dealt with in the Magistrates' Court).
An optional jury of six members is available in County Court civil cases. #
If one party in the civil case chooses to have a jury watch the case, then they have to pay for the jury.
CRIMINAL
The County Court rules on all "serious" criminal offences, with the exception of extreme cases, which would go to the Supreme Court. #
These offences are called "indictable offences", this means all the cases must have a Preliminary Hearing (also known as a Committal Hearing), which is a hearing to make sure there is sufficient evidence for a case to be heard by a judge and jury.
Examples of offences heard by the County Court: rape, manslaughter, infanticide, armed robbery.
Crimes not heard by the County Court: murder, attempted murder, treason
There is no set maximum sentence the County Court can administer; it is based on the legislated maximum sentence for the particular crime.
In criminal cases, it is compulsory to have a jury of 12 members (sometimes extended to 15 members if the case is exceptionally long).
If the defendant pleads not guilty in a case, the whole trial goes ahead. If the defendant pleads guilty however, the trial is dismissed and the judge sentences the person based on witnesses and explanations of their reasons for the crime. #
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APPEALS
The County Court can receive appeals from the Magistrates' Court on sentences or rulings that are uncertain or that have been objected to by the offender.
Appeals from the County Court, both criminal and civil, go to the Court of Appeals. # #
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STRUCTURE
In the Australian court hierarchy, the County Court is the second lowest (preceded by the Magistrates' Court) #
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