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Full-Text Articles in Law
Editorial: Spring 2010, Jodie O'Leary, Tina Hunter
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
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
Editorial: Autumn 2010, Tina Hunter, Jodie O'Leary
Jodie O'Leary
No abstract provided.