THE ISSUE
1.1 The common law rule that there is no right of appeal against a directed verdict of acquittal applies in New South Wales. The Commission’s brief has been to investigate whether the law should be altered to allow the Crown a right of appeal.
THE DISCUSSION PAPER
1.2 In June 1995 the Commission released a Discussion Paper (“DP 37”), in which it proposed that the law as it stands with regard to directed verdicts should not be altered, and that no right of appeal be introduced.1 Submissions from the public were invited.
RESPONSE TO DP 37
1.3 Thirteen submissions were received, nine in favour of and four opposed to the proposal contained in DP 37.2 Submissions which supported our proposal were received from individual legal practitioners and academics, as well as representative bodies, such as the Law Society of New South Wales and the New South Wales Bar Association. In general, those opposed to the proposal were prosecutors. As might be expected, those who disagreed with our proposal provided more detailed reasons for their views than many of those who indicated their support.
DEVELOPMENTS SINCE DP 37
1.4 Since the release of our Discussion Paper, legislative change was mooted in South Australia. The Criminal Law Consolidation (Appeals) Amendment Bill was introduced into the South Australian Parliament in September 1995. The Bill contained a provision allowing for a right of appeal against an acquittal where the trial was heard by a judge sitting alone, that is, without a jury.3 The provision was defeated in the Upper House of Parliament and omitted from the Bill as ultimately enacted.4
FOOTNOTES
1. New South Wales Law Reform Commission, Directed Verdicts of Acquittal (Discussion Paper 37, 1995).
2. The Appendix contains a complete list of submissions received.
3. Cl 6 and 7.
4. Sunday Mail (Adelaide) (3 December 1995) at 2.
