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Where am I now? Lawlink > Law Reform Commission > Publications > Report 77 (1996) - Directed Verdicts of Acquittal

Report 77 (1996) - Directed Verdicts of Acquittal


Table of Contents

Terms of reference

Participants

1. INTRODUCTION

THE ISSUE

THE DISCUSSION PAPER

RESPONSE TO DP 37

DEVELOPMENTS SINCE DP 37

2. ARGUMENTS FOR AND AGAINST A RIGHT OF CROWN APPEAL

INTRODUCTION

RIGHTS OF THE ACCUSED

Double jeopardy

      Evidentiary problems
The accused's position relative to the State

RIGHTS OF THE PUBLIC

Miscarriage of justice

Rights of the victim

A limited right of appeal

Inconsistencies in the present system

      Justices Act 1902 (NSW) s 101

      Criminal Appeal Act 1912 (NSW) s 5C and s 5F

The public interest in retaining the current law

3. CONCLUSION

APPENDIX: LIST OF SUBMISSIONS RECEIVED



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