WA Court Hierarchy
Name the three courts in Western Australia’s court hierarchy from lowest to highest authority?
Magistrate, District, Supreme
What is common law?
Judge-made law developed through court decisions, where judges interpret situations and create rules that apply to similar future cases.
What is criminal law?
A person is accused of committing a crime against society. The government prosecutes these cases to punish offenders, deter crime, and protect the community.
What is ‘trial by media’?
When news, TV, papers or social media make people think someone is guilty or innocent before the court decides.
What is the highest court in Australia?
The High Court
What types of cases does the Magistrates court hear?
- Summary offenses (minor crimes)
- Civl cases under $75, 000
What is statutory law?
Written legislation (Acts of Parliament) created when a bill passes both houses of federal or state parliament and receives Royal Assent from the Governor-General or Governor.
What is civil law?
Deals with disputes between individuals or organisations, such as disagreements over contracts, property, or negligence
What problems does trial by media cause?
It can make jurors decide before hearing all the facts in court. It puts pressure on judges, police and witnesses. Plus, it spreads rumours fast, especially on social media, so people think the person is guilty without proof.
What does it mean when we say every person is “presumed innocent” in the legal system?
It means a person is considered innocent until the court proves they are guilty beyond reasonable doubt. It is NOT the responsibility of the accussed or the defence to prove innocence, rather the prosecutions responsibility to prove guilt.
What type of cases are usually heard in the District Court of Western Australia?
- Indictable (serious) offenses - robbery, fraud, assault
-Civil claims over $75, 000 but under $750, 000 and - Appeals from the Magistrate Court.
Describe what is meant by 'precedent'
A past court decision that acts as a guide for future similar cases. Lower courts must follow binding precedents from higher courts like the High Court to keep decisions fair and consistent.
Describe the difference between summary offences and indictable offences?
Summary offences are minor crimes (like petty theft or traffic fines) heard quickly in Magistrates Court with less severe sanctions (punishments). Indictable offences are serious crimes (like robbery or murder) that go to higher courts like District or Supreme for longer sentences and full trials.
What happened in the Lindy Chamberlain case?
In 1980, baby Azaria went missing from a tent near Uluru while camping. Her mum Lindy said a dingo took her. Lindy got charged with murder in 1982, went to jail, but was freed and cleared in 1986 when new proof like a jacket was found.
What are the four main principles of Australia’s legal system?
Equality under the law
Right to a fair trial
Independent and Impartial Judiciary
The right to appeal
What types of cases are heard by the Supreme Court of Western Australia?
- The most serious indictable criminal offences (such as murder and manslaughter)
- Large or complex civil disputes (Over $750, 000)
- Appeals from lower courts (usually from District)
How and when is common law created in Australia?
Created by judges in court when no written law (statute) fits the case. They look at past cases and facts to make a new rule that lower courts can use next time.
Why does Australia have a court hierarchy to handle different crimes?
Australia uses a hierarchy (Magistrates for minor crimes like theft, District for serious ones like robbery, Supreme/High Court for major like murder) so simpler cases go fast in lower courts, while complex ones get expert judges and appeals for fairness and consistency.
How did the media portray Lindy Chamberlain?
Often portrayed Lindy as cold, untrustworthy and even dishonest. They highlighted tiny differences in her story and treated the dingo attack as unbelievable, which quickly pushed many people to assume she was guilty.
What are the differences between statute and precedent?
Statute law is the law made by Parliament and written down as official laws called statutes or acts. Precedent is part of the common law system where judges follow decisions made in earlier similar cases to guide their rulings. While statute law is created by Parliament, precedent grows through judges' decisions.
Explain the main purpose of the court hierarchy in Western Australia.
The court hierarchy organises courts by levels of seriousness and complexity, allowing minor cases to be handled efficiently in lower courts (like Magistrates), serious cases in higher courts (like Supreme), and appeals to ensure consistency, fairness, and expert handling at each level.
If parliament passes a new Act (statute) that changes a common law rule, what happens to the old judge-made rule?
The old common law rule is replaced. The new statutory law takes over completely, and courts must follow the Act instead.
Outline the main differences between civil and criminal cases in Australia.
Criminal cases: State prosecutes, prove "beyond reasonable doubt", goal is punishment (jail/fines), public wrong. Civil cases: Private plaintiff sues, prove "balance of probabilities", goal is compensation or orders, private dispute.
How does this case demonstrate trial by media?
The media made people assume she was guilty even before the trial began. This influenced jurors who had already heard negative stories about her, making it hard for them to be fair. The media coverage pressured police and investigators to find proof against Lindy while ignoring her original story about the dingo attack. As a result, Lindy was wrongly convicted. It wasn’t until years later, when new evidence came to light and the media shifted its view, that she was finally found innocent.
What is the right to appeal and why is it important?
Allows a person to ask a higher court to review a lower court’s decision if they think a mistake was made during the trial. It is important because it helps correct errors, protects against unfair punishments, and ensures that the legal system works fairly.