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Criminal Cases Review Commission
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…
A Second Inquiry for Kathleen Folbigg
Fourteen months after the request for a pardon was presented, the Governor of NSW, the Hon Margaret Beazley, has announced that a second inquiry would be held into the conviction of Kathleen Folbigg. This recommendation was made by the Attorney…
Expert Evidence Part 2: Legislation and Case Law
Expert evidence is crucial to the outcome in many legal cases before the courts. The law surround the use of experts has been developing for more than 200 years. This article looks at the current law in Australia involving the use of expert opinion evidence.
Legal Rights Designed to Protect Against Miscarriage of Justice and Limitations
The legal rights outlined are particularly important in providing safeguards against abuses by governments and their agents. The fundamental rights, developed over hundreds of years, have been adopted in international treaties. Some of the rights along with the reasons for their existence are detailed to provide an understanding of their importance and fragility.
Kathleen Folbigg – Granted an Unconditional Pardon
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…
The Ziggy Pohl Case
Political prosecutions are commonplace in authoritarian jurisdictions but they seen more in democracies now too. Their existence is a major problem and represent a crime against democracy.