Retrials of persons acquitted of indictable offences in England and Australia: exceptions to the rule against double jeopardy

McMahon,M 2014, Retrials of persons acquitted of indictable offences in England and Australia: exceptions to the rule against double jeopardy, Criminal law journal, vol. 38, no. 3, pp. 159-184.

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Title Retrials of persons acquitted of indictable offences in England and Australia: exceptions to the rule against double jeopardy
Author(s) McMahon,MORCID iD for McMahon,M orcid.org/0000-0002-5822-3173
Journal name Criminal law journal
Volume number 38
Issue number 3
Start page 159
End page 184
Publisher Lawbook Co
Place of publication Rozelle, NSW
Publication date 2014
ISSN 0314-1160
Summary Jury directions in relation to the issue of consent in trials of sexual offence cases are mandated in two jurisdictions in Australia (Victoria and the Northern Territory). The Australian Law Reform Commission, in conjunction with the New South Wales Law Reform Commission, has recommended that provisions similar to those in Victoria should be contained in relevant legislation in all States and Territories. However, a recent series of cases in Victoria has revealed significant problems in relation to the mandatory jury directions. These difficulties have generated increasingly elaborate and complex directions. The complexity of these directions not only presents considerable challenges for judges but also may overwhelm, rather than assist, members of the jury. The Court of Appeal of Victoria has called for "urgent and wholesale reform". In the light of these concerns, it is suggested that the Victorian mandatory directions do not provide a model for other jurisdictions. Rather, the Victorian experience can be seen as a cautionary tale of the problems and pitfalls of such directions. Recently, the Victorian government has passed the Jury Directions Act 2013. This Act sets out "guiding principles" that should determine the content, and use, of jury directions. These guiding principles should form the basis for any jury directions with respect to sexual offences.
Language eng
Field of Research 180110 Criminal Law and Procedure
Socio Economic Objective 940403 Criminal Justice
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2014, Law Book Co
Persistent URL http://hdl.handle.net/10536/DRO/DU:30071490

Document type: Journal Article
Collections: Faculty of Business and Law
Law
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