Double Jeopardy In Australia

1405 Words3 Pages

Double jeopardy, a legal anachronism in the twenty first century in Australia? Double jeopardy is a law under which Queensland still governs in order to protect the defendant of a crime they have already committed. With double jeopardy laws being created so long ago there has been much speculation on the effect of this protection law ever since, as it allows a once defendant, found guilty, who has been sentenced to jail time to never step foot in a court again no matter what new evidence comes to light that may enhance their prison length. With Queensland becoming (do research on qld to find if first or not) the last state to overhaul it double jeopardy laws, evaluating these law changes to Queensland's new double jeopardy laws will investigate …show more content…

Double jeopardy law which is an 800 year old legal principle, was introduced to Australia in 1789 under the criminal code; during this time and to modern day, double jeopardy laws would prevent a repeat prosecution for someone acquitted in a criminal trial by either the jury, the judge or appeal court judges. During the modern 21st there have been many breakthroughs in scientific DNA testing and increased crime solving abilities this allows for cases that have been gone to trial, and seen offenders sentenced only on the minimal evidence that was available, however if strong new evidence is brought to light that may indicate a further conviction it cannot be handed down due to the protection of double jeopardy laws. S.A. Premier Mike Rann said in 2009 “It makes no sense to me that if someone gets off a particular case and then fresh evidence becomes available, DNA or otherwise, that they should ... literally get away with …show more content…

The legislation that this law contributes to be seen as unfair to victims and unlawful to many as justice cannot be served accurately as defendants are protected from ever seeing a courtroom again wether fresh compelling evidence be found years later. A perfect example of justice being served from starting to break down the walls of Double Jeopardy laws is the Deidre Kennedy case. Deirdre Kennedy was only just a baby, whose body was found on the roof of a toilet block In Ipswich, Queensland, in April 1973; John Raymond Carroll who was originally interviewed by Police in 1983 was charged with the murder of young, innocent baby. Proceeding with a trial in the Supreme Court in March 1985, Raymond John Carroll was found guilty by a Supreme Court jury of the murder of Deidre Kennedy (INTEXT). During the proceeding experts testified using evidence of teeth marks that appeared on the baby's legs with Carroll’s dental imprints that matched those found on the little girl. At the time of the murder in April 1973, John Raymond Carroll was age 12, he in 1985 aged 24; was found guilty and sentenced to life imprisonment. However by November 1985, the Queensland Court of Appeal heard Carroll’s case that he was not guilty on the base that the crown could not

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