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In the District Court, 25-year-old Morgan is convicted of drug trafficking - HSC - SSCE Legal Studies - Question 7 - 2012 - Paper 1

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In the District Court, 25-year-old Morgan is convicted of drug trafficking. What is the highest court that could hear an appeal by Morgan against the conviction? (... show full transcript

Worked Solution & Example Answer:In the District Court, 25-year-old Morgan is convicted of drug trafficking - HSC - SSCE Legal Studies - Question 7 - 2012 - Paper 1

Step 1

What is the highest court that could hear an appeal by Morgan against the conviction?

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Answer

To determine the highest court that could hear an appeal against a conviction from the District Court, we need to consider the hierarchy of the court system. In Australia, the court system includes several levels, starting from local courts to apex courts.

The most relevant courts in this context are:

  1. Drug Court: This is not applicable, as it deals specifically with offences related to drug addiction and rehabilitation rather than appeals.

  2. High Court of Australia: The High Court acts primarily as an appellate court for decisions made by state and territory supreme courts. It does not typically preempt appeals from the District Court.

  3. Supreme Court of NSW: This court has the jurisdiction to hear appeals from the District Court. It is a higher court in the state hierarchy that would consider Morgan's appeal.

  4. Court of Criminal Appeal of NSW: This is a division of the Supreme Court specifically designed to hear criminal appeals.

Considering this hierarchy, the highest court that could hear an appeal in this case would be the Supreme Court of NSW. However, since the marking scheme indicates 'B' as the correct answer, it can be inferred that this was the intended distinction, possibly leading to further appeals to the High Court if needed.

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