Queensland Labor Inc has introduced laws to expand double jeopardy exceptions to other serious offences such as manslaughter and sexual offences, while also clarifying the definition of fresh evidence.
Currently in Queensland, the only exception to the double jeopardy rule is for the offence of murder if there is fresh and compelling evidence.
The Criminal Code and Other Legislation (Double Jeopardy Exception and Subsequent Appeals) Amendment Bill 2023 will expand the exception to allow an acquitted person to be retried for ten additional offences.
These include manslaughter, attempted murder, unlawful striking causing death, killing an unborn child, rape, incest and repeated sexual conduct with a child.
The new legislation also clarifies that for the double jeopardy exception, evidence is defined to be ‘fresh’ if it was not presented in trial and could not have been through reasonable efforts by the police and prosecution.
In other words bureaucratic bungling such as the state run DNA laboratory where more than 100,000 samples have to be retested as a result of a faulty process will inflict a massive cost in economic and human terms.
These test results were relied on in criminal trials but now there is a cloud over hundreds of court cases where a defendant has been acquitted or convicted.
The State wants to have another go just in case an innocent defendant or political dissident got off the hook by lazy, incompetent and overworked police presenting unreliable evidence or having none at all.
This will ensure evidence is not precluded from being ‘fresh’ solely because another person – for example an expert witness – failed to exercise reasonable diligence.
The proposed reforms also enhance the ability of the criminal justice system to respond to possible wrongful convictions by establishing a framework for subsequent appeals against conviction.
Currently, the only avenue available to a convicted person who has exhausted their original right of appeal, is petitioning the Governor for a pardon.
A person cannot make another appeal even if evidence emerges indicating the person is innocent.
The Bill introduces a right of subsequent appeal against conviction on the grounds of fresh and compelling evidence or new and compelling evidence.
Queensland Labor will find this serious attack on the jury system will backfire on them when their members of parliament are eventually prosecuted for exactly the same offences mentioned above, not forgetting full-term abortions and the thousands of Covid jab injuries and deaths inflicted by the duopoly.
Seems they can’t shake Palachook because they don’t have a senate.
The lower house members like Keating and Elbow are unrepresentative swill, manipulated by the parties and the AEC, only the senators represent the states effectively. “Ye shall know them by their fruits”
Tony B said – “… the know your rights group….”
Thanks for that link to a valuable resource.
We could have confidently predicted this. Military tribunals, Committees of Public Safety, show trials and people’s courts are just how the Communist Takeover rolls.
pretty easy if going to court the first thing to do is establish jurisdiction of the court this shuts them down they have no defense on this one so im told.
research it sports fans , the know your rights group.
https://www.knowyourrightsgroup.com.au/
This means the High Court, appointed by the politicians, can override the constitution inasmuch as it is unlawful to suspend a national constitution and then violate statutes, and in doing so, commit serious crimes. In other words, a go free card for serious crimes and treason.
Everyone in QLD must stand up and demand that the parliaments stand down, the right of trial by Jury is fully entrenched in the Commonwealth of Australia Constitution Act, 1900(UK) and as proclaimed and gazetted 1901.it is also in the Magna Carta and the Writ of Habeas Corpus. All of these documents are law in this country and they cannot be changed by Plattyourshit or whatever her name is or anyone else because they are all imperial laws, no one in Australia can alter those laws, if Queenslanders allow this piece of garbage to abuse the rule of law as defined by the Constitution Act 1901 as proclaimed and gazetted they will all suffer badly from it forever. wake up Queenslanders you are being railroaded into Jail by a single magistrate or Purported Judge, we all know that those types of courts are star chambers and have been outlawed for centuries throughout the Western world because no one on the planet is unbiased. so one of these rotten-to-the-core purported magistrates or Judges can sentence you to life in prison because he or she doesn’t like the color of your hair or whatever.
time to pull out the stops people and shut these criminals down.
Nothing would surprise me, judging by AnAL’s new preventative detention regime (their words) rushed through parliament yesterday it would appear the High Court can now override the Constitution.
They can’t do that I hear you say? Who’s going to stop them. No one in this nation that’s for sure.
Alan Vaughn said – “That would be great poetic justice, however I wouldn’t bet on it ever coming to fruition.”
Indeed, these bastards have a knack for inserting exclusion and immunity clauses wherever their malfeasance and skulduggery is concerned.
So we better just whip out our OWN laws when it comes time to hang them.
Queensland Labor will find this serious attack on the jury system will backfire on them when their members of parliament are eventually prosecuted for exactly the same offences mentioned above, not forgetting full-term abortions and the thousands of Covid jab injuries and deaths inflicted by the duopoly.
That would be great poetic justice, however I wouldn’t bet on it ever coming to fruition.
That principle only applies to us – the little people who have no human rights or protection from injustice from THEIR treasonous, biased and corrupt judiciary.