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Reform of the Double Jeopardy Rule on the Basis of Fresh and Compelling evidence in New South Wales and Queensland

Burton, Kelley J. (2004) Reform of the Double Jeopardy Rule on the Basis of Fresh and Compelling 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 Carroll 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: 4200
Item Type: Journal Article
Additional Information: The full-text of the paper can be freely accessed online via the Australasian Legal Information Institute (AustLII) web page (see Additional URL).
Additional URLs:
Keywords: Double jeopardy, fresh evidence, compelling evidence, DNA, Carroll
ISSN: 1321-1072
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Criminal Law and Procedure (180110)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
Copyright Owner: Copyright 2004 James Cook University of North Queensland, Faculty of Law
Deposited On: 10 Apr 2008
Last Modified: 09 Jun 2010 22:32

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