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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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.
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|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).|
|Keywords:||Double jeopardy, fresh evidence, compelling evidence, DNA, Carroll|
|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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