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Criminal Law

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Jodie O'Leary

Selected Works

2011

Articles 1 - 3 of 3

Full-Text Articles in Law

Editorial: Spring 2010, Jodie O'Leary, Tina Hunter Sep 2011

Editorial: Spring 2010, Jodie O'Leary, Tina Hunter

Jodie O'Leary

No abstract provided.


Twelve Angry Peers Or One Angry Judge: An Analysis Of Judge Alone Trials In Australia, Jodie O'Leary Sep 2011

Twelve Angry Peers Or One Angry Judge: An Analysis Of Judge Alone Trials In Australia, Jodie O'Leary

Jodie O'Leary

Recently, New South Wales amended its legislation to provide for judicial discretion when determining, upon request, whether an accused will face a trial by judge alone for indictable criminal matters. This article examines the application of those provisions and comparable legislation in Queensland and Western Australia, revealing an overarching tension as to the correct legal approach. Broadly, there is a dispute over the weight that should be afforded to the accused’s right to choose or whether a presumption of a jury trial exists. Such a conflict arises from the different justifications for jury trials. On the one hand the jury …


Editorial: Autumn 2010, Tina Hunter, Jodie O'Leary Sep 2011

Editorial: Autumn 2010, Tina Hunter, Jodie O'Leary

Jodie O'Leary

No abstract provided.