Raymond John Carroll / Double Jeopardy

Question 1

What is the principle of double jeopardy?

Answer 1

the principle of double jeopardy stipulates that no-one should be punished for the same crime twice and that no-one should be put in jeopardy of being convicted twice of the same crime.

Question 2

What is perjury?

Answer 2

perjury can be defined as lying in court under oath.

Question 3

What is common law?

Answer 3

law that is derived from custom and judicial precedent rather than legislation, (law that is created by JUDGES).

Question 4

What does inadmissible mean?

Answer 4

inadmissible means that evidence in court which is not valid and cannot be used or heard.

Question 5

What should we have double jeopardy?

Answer 5

• unfair for the accused person, it leaves them open to harassment and persecution by the authorities, they can inherently never move on with their life.
• cost to the court system.
• encourages the prosecution to present the case properly the first time round.
• due process, finality of proceedings.

Question 6

Why should we not have double jeopardy?

Answer 6

• could allow guilty people to avoid justice.
• prevents victim and family from receiving closure.
• technological advances mean the collection of evidence can become more accurate.

Question 7

When and where was Deidre Kennedy murdered?

Answer 7

• 14 April - 1973 in Ipswich, Queensland.

Question 8

What happened to Deidre Kennedy?

Answer 8

The body of 17 month old Deidre Kennedy was found on the roof of a toilet block. She had been taken from her home while sleeping and had been beaten and sexually abused. A post mortem highlighted she died of strangulation.

Question 9

What were the main features in the prosecutions case?

Answer 9

1. Teeth marks matched the accused, forensic odontologists confirmed this evidence.
2. The accused had a tendency to a bite young children on the legs - confirmed by Carroll’s estranged wife.
3. The accused’s alibi was false - he claimed he was at the Edinburgh RAAF base in SA.

Question 10

What was the result of the trial?

Answer 10

Raymond John Carroll was found guilty of murder. In 1985, Carroll appeals to the QCA and consequently his conviction is overturned.

Question 11

What does overturned to mean?

Answer 11

overturned means a higher court disagreed with a decision made by the lower court.

Question 12

Why was Raymond John Carroll acquitted?

Answer 12

1. Prosecution had led no evidence to disprove the alibi.
2. Tendency to bite evidence was inadmissible.
3. Further odontological evidence based upon a new digital technique.

Question 13

What was the overall result of the case?

Answer 13

Carroll is charged with perjury and the jury finds him guilty of perjury.

Again he appeals to the QCA who overturns the jury’s verdict on the basis that the prosecution is an abuse of process, aimed at circumventing the principle of double jeopardy.

The prosecution appeals to the High Court in Canberra.

Question 14

what are the rights of an accused person in a trial?

Answer 14

1. Double Jeopardy
2. the right to remain silent
3. the burden of proof is on the prosecution
4. the standard of proof is very high - beyond reasonable doubt