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Miscarriages of Justice : CriminalAppeals and the Rule of Law in Australia

Miscarriages of Justice : CriminalAppeals and the Rule of Law in Australia

Author: Bibi Sangha; Robert N. Moles
Publisher: LexisNexis Australia
ISBN: 9780409340723
Published In: September 2015
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 996.30

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Contents

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This book identifies a fundamental flaw that lies at the heart of the Australian criminal justice system - an inconsistency between what constitutes a miscarriage of justice under substantive law as against what constitutes a miscarriage of justice under procedural law. Sangha and Moles argue that the existing system does not comply with the rule of law provisions or Australia’s international human rights obligations.

South Australia has introduced a new statutory right of appeal to address this issue and Tasmania is considering doing the same. This represents the first substantive change to the criminal appeal rights in Australia in 100 years.

Miscarriages of Justice: Criminal Appeals and the Rule of Law in Australia explains the operation of this legislation and advances a compelling argument for its nationwide adoption. This is achieved through an examination of a number of Australian (and international) wrongful conviction cases together with discussion of specific legal issues and the problematic area of compensation for wrongful convictions.

PART I Introduction

Chapter 1 Introduction and Overview

Chapter 2 Institution of Law, Rule of Law and Human Rights

PART II The Structure of Criminal Appeal Rights

Chapter 3 Reopening Criminal Appeals in Australia

Chapter 4 Post-appeal Petitions

Chapter 5 Grounds of Appeal in Australian Criminal Cases

Chapter 6 The Right to a Second or Subsequent Appeal

Chapter 7 Fraud in Criminal Proceedings

PART III Law and Case Studies

Chapter 8 Investigations and Prosecutions

Chapter 9 Expert Witnesses in Criminal Cases