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Reform of the Double Jeopardy Rule on the Basis of Fresh and Compelling DNA Evidence in New South Wales and Queensland
Journal article   Open access   Peer reviewed

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

Kelley Burton
James Cook University Law Review, Vol.11, pp.84-107
2004
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Abstract

Law DNA evidence double jeopardy rule New South Wales Queensland
'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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