R v Carroll
Encyclopedia
R v Carroll 213 CLR
635; [2002] HCA 55 is a decision of the High Court of Australia
which unanimously upheld a Queensland appellate court’s decision http://www.austlii.edu.au/au/cases/qld/QCA/2001/394.html to stay an indictment
for perjury
as the indictment was found to controvert the respondent’s earlier acquittal
for murder
. The court held that charging Raymond John Carroll with perjuring himself in the earlier murder trial by swearing he did not kill the baby Deidre Kennedy was tantamount to claiming he had committed the murder and was thus a contravention of the principles of double jeopardy
. The case caused widespread public outcry and prompted calls for double jeopardy law reform.
, Queensland
, in April 1973. A post-mortem at the time had determined Deidre died of strangulation. During the post-mortem bite marks and bruises were noted on the baby's legs and it was these marks which led police to charge Carroll over the murder, as odontological evidence matched the marks with Carroll's teeth. Carroll was charged with murder.
The murder trial started on 18 February 1985. The prosecution's case was that the teeth marks on Deidre's body were made by Carroll, that he had a propensity for biting small children on the legs and that his alibi was false. Carroll claimed he was at RAAF Base Edinburgh in South Australia at the time of Deidre's death. The jury found him guilty of murder, but the conviction was quashed on appeal. The court of appeal found that the prosecution had led no evidence to disprove Carroll's claim that he was not in Ipswich at the time of the death, that the evidence relating to Carroll's propensity to bite children's legs was prejudicial and inadmissible and that a jury must have entertained a reasonable doubt
as to the odontological evidence presented by the prosecution.
that contravened principles of double jeopardy. While the court applied an earlier decision by the Queensland Supreme Court, R v El-Zarw, which held that a prosecution such as this would not be an abuse of process if there was substantial new evidence, they found that the evidence presented by the prosecution in the perjury trial was not substantial. The prosecution appealed against this decision.
stated that 'there was an injustice done in this case' (The Australian, 11 February 2003), the New South Wales
premier Bob Carr
began a law reform process http://www.lawreform.ie/publications/data/lrc119/lrc_119.html and the Victoria
n attorney general, Rob Hulls
canvassed the possibility of legislative change.
The Kennedy family told side of the story in a 2003 ABC
Australian Story episode, Double Bind http://www.abc.net.au/austory/content/2003/s932483.htm.
The double jeopardy law has since been changed through the Criminal Code (Double Jeopardy) Amendment Act 2007 (Qld).
Commonwealth Law Reports
The Commonwealth Law Reports are the authorised reports of decisions of the High Court of Australia. The CLR are published by the Lawbook Company, a division of Thomson Reuters...
635; [2002] HCA 55 is a decision of the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
which unanimously upheld a Queensland appellate court’s decision http://www.austlii.edu.au/au/cases/qld/QCA/2001/394.html to stay an indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
for perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
as the indictment was found to controvert the respondent’s earlier acquittal
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
for murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
. The court held that charging Raymond John Carroll with perjuring himself in the earlier murder trial by swearing he did not kill the baby Deidre Kennedy was tantamount to claiming he had committed the murder and was thus a contravention of the principles of double jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
. The case caused widespread public outcry and prompted calls for double jeopardy law reform.
Background
In October 1983 Carroll was interviewed by the police in relation to the murder of Deidre, a baby whose body had been found on the roof of a toilet block in IpswichIpswich, Queensland
Ipswich is a city in South-East Queensland, Australia. Situated along the Bremer River Valley approximately 40 kilometres away from the state's capital Brisbane. The suburb by the same name forms the city's Central Business District and administrative centre...
, Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
, in April 1973. A post-mortem at the time had determined Deidre died of strangulation. During the post-mortem bite marks and bruises were noted on the baby's legs and it was these marks which led police to charge Carroll over the murder, as odontological evidence matched the marks with Carroll's teeth. Carroll was charged with murder.
The murder trial started on 18 February 1985. The prosecution's case was that the teeth marks on Deidre's body were made by Carroll, that he had a propensity for biting small children on the legs and that his alibi was false. Carroll claimed he was at RAAF Base Edinburgh in South Australia at the time of Deidre's death. The jury found him guilty of murder, but the conviction was quashed on appeal. The court of appeal found that the prosecution had led no evidence to disprove Carroll's claim that he was not in Ipswich at the time of the death, that the evidence relating to Carroll's propensity to bite children's legs was prejudicial and inadmissible and that a jury must have entertained a reasonable doubt
Beyond a Reasonable Doubt
Beyond a Reasonable Doubt is a 1956 film directed by Fritz Lang and written by Douglas Morrow. The film, considered film noir, was the last American film directed by Lang.-Plot:...
as to the odontological evidence presented by the prosecution.
Perjury trial
By 1999 the police had received substantial new evidence in relation to the case. A witness had come forward who placed Carroll in Ipswich at the time of the killing, another witness claimed Carroll had admitted to him in jail that he had killed Deidre and further evidence relating to the teeth marks was obtained. Carroll was charged with perjury on 12 February 1999. The indictment presented against Carroll claimed he had perjured himself at the 1985 murder trial by swearing he did not kill Deidre Kennedy. In November 2000 a jury convicted him of perjury. Carroll appealed against this conviction.Supreme Court of Queensland - Court of Appeal
The Queensland appeal court upheld Carroll's appeal. They found the perjury trial was in essence a re-trial of the original murder trial and that the prosecution case amounted to an abuse of processAbuse of process
Abuse of process is a cause of action in tort arising from one party making a malicious and deliberate misuse or perversion of regularly issued court process not justified by the underlying legal action.It is a common law intentional tort...
that contravened principles of double jeopardy. While the court applied an earlier decision by the Queensland Supreme Court, R v El-Zarw, which held that a prosecution such as this would not be an abuse of process if there was substantial new evidence, they found that the evidence presented by the prosecution in the perjury trial was not substantial. The prosecution appealed against this decision.
High Court of Australia
The High Court dismissed the appeal, finding that a conviction for perjury would inevitably controvert Carroll's previous acquittal for murder and was thus inconsistent with double jeopardy principles. The High Court also ruled that this principle applied whether or not substantial new evidence had come to light, overruling Queensland authority to that effect.Public response
There was widespread public outrcy following this decision. The general perception was that a person who had been found guilty by two juries of murdering a baby had 'got off' on a 'legal technicality' http://www.theage.com.au/articles/2004/03/19/1079199430763.html?from=storyrhs. The Queensland premier Peter BeattiePeter Beattie
Peter Douglas Beattie , Australian politician, was the 36th Premier of the Australian state of Queensland for nine years and leader of the Australian Labor Party in that state for eleven and a half years...
stated that 'there was an injustice done in this case' (The Australian, 11 February 2003), the New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
premier Bob Carr
Bob Carr
Robert John "Bob" Carr , Australian statesman, was Premier of New South Wales from 4 April 1995 to 3 August 2005. He holds the record for the longest continuous service as premier of NSW...
began a law reform process http://www.lawreform.ie/publications/data/lrc119/lrc_119.html and the Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
n attorney general, Rob Hulls
Rob Hulls
Rob Justin Hulls has been a member of the Victorian Legislative Assembly since 1996, representing the electorate of Niddrie. As well as previously serving as the Deputy Premier of Victoria, he was also the state Attorney-General and Minister for Racing.Rob Hulls was born in Melbourne and was...
canvassed the possibility of legislative change.
The Kennedy family told side of the story in a 2003 ABC
Australian Broadcasting Corporation
The Australian Broadcasting Corporation, commonly referred to as "the ABC" , is Australia's national public broadcaster...
Australian Story episode, Double Bind http://www.abc.net.au/austory/content/2003/s932483.htm.
The double jeopardy law has since been changed through the Criminal Code (Double Jeopardy) Amendment Act 2007 (Qld).