• Quick note - the problem with Youtube videos not embedding on the forum appears to have been fixed, thanks to ZiprHead. If you do still see problems let me know.

Gable Tostee

As in this

Limits on the principle may only be justified when they are strictly necessary. The Law Commission of England and Wales considered the rule against double jeopardy and prosecution appeals following a reference in 2001. Its findings and recommendations have laid the foundation for laws limiting the rule in UK and in other jurisdictions, such as New South Wales. The Law Commission concluded that interference with the rule may be justified where the acquittal is ‘manifestly illegitimate’ and ‘sufficiently damages the reputation of the criminal justice system so as to justify overriding the rule against double jeopardy’.[173]*The scope of the interference must be clear-cut and notorious.[174]
Click to expand...
 
cullennz said:
As in this
Click to expand...

You missed a bit.



10.137 The Law Commission recommended that additional incursions on the rule against double jeopardy be limited to acquittals for murder or genocide.[175] This built on existing rights of appeal from an acquittal where the accused has interfered with or intimidated a juror or witness.[176]
 
Shiner said:
You missed a bit.



10.137 The Law Commission recommended that additional incursions on the rule against double jeopardy be limited to acquittals for murder or genocide.[175] This built on existing rights of appeal from an acquittal where the accused has interfered with or intimidated a juror or witness.[176]
Click to expand...

Did Tostee intimidate the jury?
 
lionking said:
Oh please. When you have been knocked out, it's not good form to say "not fair".
Click to expand...
You don't know what pm means in Aus and nz. Give me a break


Let me put it to you in as simple English as I can. Unless the pm (prime minister) and government say retrial.

She is all over rover
 
cullennz said:
You don't know what pm means in Aus and nz. Give me a break


Let me put it to you in as simple English as I can. Unless the pm (prime minister) and government say retrial.

She is all over rover
Click to expand...

Please stop embarrassing yourself. An acquittal can be appealed in Australia. The Prime Minister has nothing to do with it. You might want to google separation of power in Australia.

Just stop.
 
cullennz said:
Fair call.

Sorry

[emoji15]
Click to expand...

Thanks for the link. It was informative. It doesn't actually say that those clauses have been implemented in QLD, but I think it allows the option. If English law can affect NSW law, then it surely can expand to QLD if the need arises.

I don't know if that falls under the scope of the coroner though. I suppose it does if you read this.

At the conclusion of an inquest, the coroner may comment on anything connected with a death that relates to public health or safety, the administration of justice or ways to prevent deaths from happening in similar circumstances in the future. Comments and recommendations can, and often are, directed to us.
Click to expand...

https://www.qld.gov.au/law/legal-mediation-and-justice-of-the-peace/coronial-recommendations/
 
lionking said:
Please stop embarrassing yourself. An acquittal can be appealed in Australia. The Prime Minister has nothing to do with it. You might want to google separation of power in Australia.

Just stop.
Click to expand...
You might want to read the actual law I posted

The grounds for retrial must be pretty much extreme injustice.

And the only ones who can do that with any grunt are the pm and government

The rest are Facebook petitions
 
Shiner said:
Thanks for the link. It was informative. It doesn't actually say that those clauses have been implemented in QLD, but I think it allows the option. If English law can affect NSW law, then it surely can expand to QLD if the need arises.

I don't know if that falls under the scope of the coroner though. I suppose it does if you read this.



https://www.qld.gov.au/law/legal-mediation-and-justice-of-the-peace/coronial-recommendations/
Click to expand...
Good point tbf.

It will be interesting to read the coroners report.

But I'm imagining they did a preemptive examination
 
You must log in or register to reply here.

Back
Top Bottom