DOUBLE JEOPARDY

Ramona Bozan

DEFINITION

Double jeopardy is a legal rule that operates to stop an accused person being placed in jeopardy of conviction of the same crime on more than one occasion.

HISTORY Double Jeopardy

has a legal heritage of 800 years, originating back to the life and martyrdom of St Thomas Becket.

Controversy between St Thomas Becket and Henry II in the 12 century, was mostly accountable for the adoption of the concept of double jeopardy in common law.

CASE : R VS. CARROLL Raymond Carroll was tried for the 1973

murder of Deirdre Kennedy and found guilty in 1985. He appealed and the Court of Criminal Appeal acquitted him. Fourteen years later the Crown charged Carroll with perjury on the grounds that he had lied under oath in the murder trial. He was again found guilty but on appeal it was found that he had in effect been tried twice for the same crime, the situation being "double jeopardy".

EFFECTIVNESS In NSW politicians are tending to the view that a

just system must be seen as effective and must be effective in producing outcomes which are firstly just for the society.

December 2006, NSW abolished the rule against double jeopardy

October 2007 Queensland modified its double jeopardy laws to allow a retrial where a. fresh and compelling evidence of guilt found

b. there has been “tainted acquittal” e.g. bribery of the judge intimidation of the witnesses false testimony by the accused.

INDIVIDUAL The reason for the existence of the

double jeopardy is to prevent state prosecution of a person by repeated pursuits based on the same charge.

Protections intended for the accused are hardly ever accepted unless the accused happens to be a member of family or friend.

defendant acquitted of crimes would on no account know of peace.

TECHNOLOGY Increased efficiency of the legal system

in getting the perpetrators of crime convicted depends much more on technology. DNA technology, Close Circuit Television (CCTV) storing figure prints on computerised data

bases

POSSIBLE REFORMS Some possible reforms of double jeopardy in the future can be

the abolishment of double jeopardy in the other states of Australia.

An article titled “WA Shows Support for Double Jeopardy Rule Change” states that Western Australia's Attorney-General, Jim McGinty, says WA is likely to see a change in the 800-year-old double jeopardy law.

In NSW parliament already passed legislation to address the problems brought about by the double jeopardy principle. The Crimes (Appeal and Review) Amendment (Double Jeopardy) Act 2006 enables a person acquitted of a serious crime to be retried in certain circumstances.

In Queensland the double jeopardy law has been changed through the Criminal Code (Double Jeopardy) Amendment Act 2007 (Qld).

And South Australia has as well abolished the double jeopardy law according to article titled, “The end of double jeopardy in South Australia” date July 2008.