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Unsafe Verdict
In the context of a jury trial, the term unsafe verdict refers to a judicial finding that a jury's guilty verdict is unsafe and should be overturned. Unsafe means that the verdict or conviction was not based on reliable evidence and is likely to constitute a miscarriage of justice. In most common law jurisdictions, people convicted at jury trial are allowed to have the evidence and transcript of their trial reviewed by an appellate court. Verdicts can be found to be unsafe for either legal or factual reasons. Unsafe verdicts by jurisdiction Australia Criminal appeals made on the ground that the jury's guilty verdict was unsafe and unsatisfactory; have been some of the most controversial legal cases in Australia. Both the Lindy Chamberlain case, as well as the appeal that led to the acquittal of George Pell were appeals made on the unsafe verdict ground before the High Court. Authoritative cases on the unsafe verdict ground in Australia include '' M v The Queen'', an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury Trial
A jury trial, or trial by jury, is a Trial, legal proceeding in which a jury makes a decision or Question of law, findings of fact. It is distinguished from a bench trial in which a judge or Judicial panel, panel of judges makes all decisions. Jury trials are used in a significant share of serious criminal cases in many but not all common law judicial systems. The majority of common law jurisdictions in Asia (such as Singapore, India, Pakistan and Malaysia) have abolished jury trials on the grounds that juries are susceptible to bias. Juries or lay judges have also been incorporated into the legal systems of many civil law (legal system), civil law countries for criminal cases. Only Seventh Amendment to the United States Constitution, the United States makes routine use of jury trials in a wide variety of non-criminal cases. Other common law legal jurisdictions use jury trials only in a very select class of cases that make up a tiny share of the overall civil docket (like malici ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Miscarriage Of Justice
A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal procedure, criminal or civil procedure, civil proceeding, such as the conviction and punishment of a person for a crime they actual innocence, did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation. Academic studies have found that the main factors contributing to miscarriages of justice are: eyewitness identification, eyewitness misidentification; faulty forensic analysis; false confessions by vulnerable suspects; perjury and lies stated by witnesses; police misconduct, misconduct by police, prosecutorial misconduct, prosecutors or judicial miscondu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appellate Court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lindy Chamberlain-Creighton
Alice Lynne "Lindy" Chamberlain-Creighton (née Murchison; born 4 March 1948) is a New Zealand–born Australian woman who was Miscarriage of justice, wrongfully convicted in one of Australia's most publicised murder trials. Accused of killing her nine-week-old daughter, Death of Azaria Chamberlain, Azaria, while camping at Uluru in 1980, she maintained that she saw a dingo leave the tent where Azaria was sleeping. The prosecution case was circumstantial evidence, circumstantial and depended on forensic evidence. Chamberlain was convicted on 29 October 1982, and her appeals to the Federal Court of Australia,. and High Court of Australia,. were dismissed. On 7 February 1986, after the discovery of new evidence clothing the same as Azaria wore, Chamberlain was released from prison on remission. She and her husband Michael Chamberlain, co-accused, were officially pardoned in 1987, and their convictions were quashed by the Supreme Court of the Northern Territory in 1988.. In 1992, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
George Pell
George Pell (born 8 June 1941) is an Australian cardinal of the Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a .... He served as the inaugural prefect of the Secretariat for the Economy between 2014 and 2019, and was a member of the Council of Cardinal Advisers between 2013 and 2018. Ordained a priest in 1966 and bishop in 1987, he was made a cardinal in 2003. Pell served as the eighth Catholic Bishops and Archbishops of Sydney, Archbishop of Sydney (2001–2014), the seventh Catholic Archbishop of Melbourne, Archbishop of Melbourne (1996–2001) and an auxiliary bishop of Melbourne (1987–1996). He has also been an author, columnist and public speaker. Since 1996, Pell has maintained a high public profile on a wide range of issues, while retaining an adherence ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
M V The Queen
''M v R'' or M v The Queen is an Australian legal case decided in the High Court. It is an important authority in the field of criminal law, for the circumstances in which it is permissible for a jury's guilty verdict to be overturned by a judge. The case involved an appeal against criminal conviction by a father, against allegations of sexual assault and rape by his daughter. His appeal was allowed by majority. Background M was convicted in the District Court in Sydney. The counts found against him were two of indecent assault, and three of sexual intercourse. Each was allegedly committed against the complainant; one of his biological daughters. The daughter was 13 years old at the time of the alleged offending. An appeal against conviction was made to the Court of Criminal Appeal on the ground that his conviction was unsafe and unsatisfactory. That appeal was dismissed. Sully J, one of the three judges presiding, said of the appeal;'For my own part, I would say at once t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pell V The Queen
''Pell v The Queen'' was a High Court of Australia decision that overturned the conviction of Cardinal George Pell for sexual offences against a child. On 22 June 2017, Victoria Police announced Pell was arrested for historical sexual assault charges on two choirboys at St. Patricks Cathedral in Melbourne. The allegations stemmed from Pell's time spent as Archbishop of Melbourne, and pertained to two anonymous victims referred to throughout the court process as victim 'A' and victim 'B'. B died before the allegations went to trial. Pell was tried twice in the County Court of Victoria. During the County Court trials, Pell pleaded not guilty to all charges. The prosecution alleged he assaulted the victims in the church Sacristy and through his choir robes. As the primary evidence in the case was the testimony of A, a key issue in the case was his reliability and credibility. The defence team argued the offence was highly improbable, given the churches layout and number o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alex Hepburn (cricketer)
Alex Hepburn (born 21 December 1995) is a former cricketer from Australia and convicted sex offender, who last played for Worcestershire County Cricket Club in England. In April 2019, he was sentenced to five years' imprisonment for the rape of a sleeping woman as part of a WhatsApp-based "sexual conquest game". He was imprisoned at HM Prison Littlehey until October 2021. Cricket career A batting all-rounder, he bowled right-arm medium pace, and batted right-handed. He made his one-day debut for Worcestershire against Leicestershire in August 2015. He made his Twenty20 cricket debut for Worcestershire in the 2017 NatWest T20 Blast on 5 August 2017. Rape conviction Conviction On 9 November 2017, Hepburn was charged with one count of oral rape, and one count of vaginal rape. Those charges were not confirmed to the public until 29 November 2017. Worcestershire County Cricket Club suspended Hepburn on full pay, but did not renew his contract when it expired at the end of Sep ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (England And Wales)
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice and the Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. The C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeals From The Crown Court
This article concerns appeals against decisions of the Crown Court of England and Wales. The majority of appeals against Crown Court decisions are heard by the Criminal Division of the Court of Appeal of England and Wales, Court of Appeal. Jurisdiction of the Court of Appeal and Divisional Court The Court of Appeal has jurisdiction to hear the following appeals: The Divisional Court of the Queen's Bench Division of the High Court of Justice, High Court has jurisdiction to hear appeals by way of case statedSupreme Court Act 1981, . and applications for judicial review,Supreme Court Act 1981, . where the Crown Court is conducting an appeal against a decision of a magistrates' court (England and Wales), magistrates' court. Appeals to the Court of Appeal Composition of the Court References Bibliography {{Cite book , editor1-last=Hooper , editor2-last=Ormerod , editor3-last=Murphy , title=Blackstone's Criminal Practice , year=2008 , publisher=Oxford , isbn=978-0-19-922814-0 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
M V R
''M v R'' or M v The Queen is an Australian legal case decided in the High Court. It is an important authority in the field of criminal law, for the circumstances in which it is permissible for a jury's guilty verdict to be overturned by a judge. The case involved an appeal against criminal conviction by a father, against allegations of sexual assault and rape by his daughter. His appeal was allowed by majority. Background M was convicted in the District Court in Sydney. The counts found against him were two of indecent assault, and three of sexual intercourse. Each was allegedly committed against the complainant; one of his biological daughters. The daughter was 13 years old at the time of the alleged offending. An appeal against conviction was made to the Court of Criminal Appeal on the ground that his conviction was unsafe and unsatisfactory. That appeal was dismissed. Sully J, one of the three judges presiding, said of the appeal;'For my own part, I would say at once t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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