Reform of the double jeopardy rule on the basis of fresh and compelling DNA evidence in New South Wales and Queensland

Burton, Kelley J. (2004) Reform of the double jeopardy rule on the basis of fresh and compelling DNA evidence in New South Wales and Queensland. James Cook University Law Review, 11, pp. 84-107.

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Abstract

The public outcry with the outcome of R v Carrolll has induced the revision of the double jeopardy rule in NSW and Queensland. In particular, NSW has put forward the Criminal Appeal Amendment (Double Jeopardy) Bill 2003 (NSW) and Queensland has a discussion paper that was drafted by the Model Criminal Code Officers' Committee. The construction of these two documents is similar, but neither of them addresses the public's dissatisfaction because they would not remedy the Carroll case, nor cases where there are advances in DNA technology after a person is acquitted.

Impact and interest:

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ID Code: 18808
Item Type: Journal Article
Refereed: Yes
ISSN: 1321-1072
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Deposited On: 17 Mar 2009 00:50
Last Modified: 29 Feb 2012 13:15

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