Page:Cesan v The Queen.pdf/11

French CJ

conviction also apply by virtue of s 68(1). Their application in this case was not in dispute.

The jurisdiction of the District Court of New South Wales is dealt with in the District Court Act and, for present purposes, in the Criminal Procedure Act 1986 (NSW). The criminal jurisdiction of the Court is defined in the former Act as the jurisdiction conferred by Pt 4 thereof and the jurisdiction conferred "by or under any other Act or law on the Court in its criminal jurisdiction". Under the Criminal Procedure Act the District Court "has jurisdiction in respect of all indictable offences" other than offences prescribed by regulation.

The only prescribed offences excluded from the jurisdiction thus conferred upon the District Court are those specified in ss 12 and 19A of the Crimes Act 1900 (NSW) namely treason and murder. The jurisdiction thereby conferred on the District Court attracted "the like jurisdiction" under s 68(2) of the Judiciary Act.

Section 11(1) of the District Court Act provides:

"All civil and criminal proceedings in the Court, and all business arising out of any such proceedings, shall, subject to this Act and the Jury Act 1977, be heard and disposed of before a Judge, who shall constitute the Court."

Sub-section (2) is not material. Section 11(1) is to be read with s 131 of the Criminal Procedure Act which is found in Pt 3 of Ch 3 of that Act entitled "Trial procedures" and which provides:

"Criminal proceedings in the Supreme Court or the District Court are to be tried by a jury, except as otherwise provided by this Part."

There is an option for trial by judge alone in s 132(1) but, in respect of the trial on indictment of an offence against a law of the Commonwealth, s 80 of the Constitution requires that it be by a jury.