Australia: Queensland double jeopardy murder trial knocked back by Court of Appeal - - PressFrom - Australia
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Australia Queensland double jeopardy murder trial knocked back by Court of Appeal

04:15  03 december  2019
04:15  03 december  2019 Source:   abc.net.au

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The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb "

Can A raise Double Jeopardy as a legal defense in the second murder trial ? Similarly, if you were convicted of murder after a fair trial and presented the live body of the victim as newly A court could conceivably argue that if the death of B was not contested at trial , that the first murder acquittal

a person standing in front of a building: Prosecutors were relying on new DNA testing results which became available after the original trial. (ABC News: Brendan Mounter)© Provided by ABC NEWS Prosecutors were relying on new DNA testing results which became available after the original trial. (ABC News: Brendan Mounter)

An application to use double jeopardy provisions to retry a man over a 1980s murder he was acquitted of, has been dismissed by Queensland's Court of Appeal after finding new evidence was unreliable.

The man was arrested in July last year, triggering a "legal mechanism" whereby an application was made to the court for an acquitted person to face trial again.

It was the first time the laws were used in Queensland since they were introduced in 2014.

The man was found not guilty by a jury on a charge of murder in 1988 because identity of the killer was an issue.

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The Supreme Court of Queensland is the highest court in the Australian State of Queensland . The original jurisdiction of the Supreme Court allows its trial division to hear civil matters involving claims

The court heard Celaire was prone to "extreme violence" and had a history of abusing McDermott, leaving her bruised to the body and face. Celaire later admitted McDermott's killing to Hoyte after she found case papers from his trial and challenged him about it during their own relationship.

The judgement handed down this morning said the body of a woman was found with multiple stab wounds, tangled with a blood stained pillow and bed clothes in the bedroom of her flat in September 1987.

There was evidence of "sexual intercourse", with a pair of blood-stained and torn underwear found on the floor.

She was found eight days after her and the man were seen drinking and happy at a function together.

The judgement summary said the man had made statements to police at the time, telling them he had previously tried to start a sexual relationship with the deceased, and after the function had gone to her flat where they watched TV together.

He told police he then left and could not remember if he had gone into her bedroom on the night she was killed, but admitted he had been in there once or twice before.

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When can you assert ' Double Jeopardy ' as a legal defense to stop the state from prosecuting you 3.6 Competency of court . 3.7 New trial or reversal on appeal . 3.8 Discharge of case by necessity. Thus, a double jeopardy defense would not be available in a subsequent criminal prosecution in a

State courts can also interpret any double jeopardy clauses in their own state constitutions which often provide more protection than that which is The state's constitutional double jeopardy provision doesn't prohibit a defendant's retrial when a prior trial has been concluded by mistrial because of a

Samples of his blood and hair we given to police, and officers had access to his car, but no blood was found.

There was some blood found on two areas of the pillow, consistent with the blood of about one-in-1,000 Australians, including the man, but no evidence of an injury, which could have caused them.

Under the criminal code, no further details of the case can be published in order to protect the man's identity.

Integrity of DNA evidence can't be tested by defence

After laws were changed in 2014, a Court of Appeal was allowed to order an acquitted person be retried for the same offence if it is satisfied "there is fresh and compelling evidence" and "is in the interest of justice".

In this case, the Director of Public Prosecutions was relying on new DNA testing results, which became available after the 1988 trial.

The judgement said testing of the fabric of the pillow case gave DNA profiles that matched the respondent's DNA profile.

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New York State Court of Appeals rules that Ronald Latham's admission under plea bargain that he tried to kill his girlfriend Marie Shambeau can be used Mr. Latham appealed , claiming that the new charge violated the age-old protection against double jeopardy , or being tried twice for the same crime.

Double Jeopardy tab – explanation of the legal concept of double jeopardy . Previous cases – details of the criminal trials of XX for the alleged murders of Clinton ‘Speedy’ Dureaux and Evelyn Greenup. 2018 Decision – is the summary of the NSW Court of Criminal Appeal and sets out the reasons why

The tested DNA might have come from blood cells but could have also come from skin cells.

The court said the scientists who could testify about the origin and handling of the samples would not be available to be questioned under cross-examination.

"DNA matching is powerful evidence because, if there has been scientific integrity in the process that leads to obtaining a profile, it is almost incontrovertible," the judgement read.

"The inability of a defendant to test that integrity means that there cannot be a fair trial."

The man's defence team could also no longer test the underwear because it had since been destroyed, meaning the "fresh evidence" was not reliable.

It also found, even if the fresh evidence was accepted, it would only reinforce the already admitted fact the man had been inside the woman's home and bedroom.

In conclusion, the court found in context of the issues that were in dispute in 1988, it was not enough to allow the appeal.

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