The following lecture notes relate to a presentation give to ‘the floor’ of the Sir Owen Dixon Chambers by Dr Robert Cavanagh.
The presentation used the case of Kathleen Folbigg as a case example to examine the limitations of the criminal appeal process in Australia as it relates to victims of injustice and to propose an alternative approach – creating a Criminal Case Review Commission.
Kathleen Folbigg’s legal team has launched a request for a coronial inquest into the deaths of her children.
An inquest should identify the medical evidence that supports the contention that the children died of natural causes.
The submissions for coincidence regarding Kathleen Folbigg were prepared by Robert Cavanagh and Rhanee Rego as the effort to convince the Attorney General to recommend a pardon continues. Read the full submissions here.
The criminal justice system cannot function to allow fair trials unless those deciding whether an offence has been committed understand that they need to apply the highest standard of proof when considering the evidence presented to them.
This article explores issues beyond reasonable doubt to provide insight for those in the legal profession and members of the public.
In response to instances of miscarriages of justice and a need for better post-conviction review mechanisms, the United Kingdom (in 1997),[i] Scotland (in 1999),[ii] Norway (in 2004)[iii] and New Zealand (in 2020)[iv] have established a Criminal Cases Review Commission. On…
Mark Basa has been at the Villawood Detention Centre for several years. Without warning and in the middle of the night, he was recently taken from Villawood to Perth where he stayed for a number of weeks. Then, again in the middle of the night and without warning, he was taken in chains to Christmas Island.
On Monday this week, the Attorney General, Michael Davies, issued an unconditional pardon and immediately released Ms Folbigg from prison. Ms Folbigg had been incarcerated for 20 years after being convicted for killing each of her four children. She has…