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R v Carroll (2002) 213 CLR 635; [2002] HCA 55 is a decision of the High Court of Australia which unanimously upheld a Queensland appellate court's decision 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.

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  • R v Carroll (en)
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  • R v Carroll (2002) 213 CLR 635; [2002] HCA 55 is a decision of the High Court of Australia which unanimously upheld a Queensland appellate court's decision 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. (en)
name
  • R v Carroll (en)
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  • http://commons.wikimedia.org/wiki/Special:FilePath/Coat_of_Arms_of_Australia.svg
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subsequent actions
  • none (en)
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court
full name
  • The Queen v Raymond John Carroll (en)
judges
  • Gleeson CJ, Gaudron, McHugh, Gummow & Hayne JJ (en)
has abstract
  • R v Carroll (2002) 213 CLR 635; [2002] HCA 55 is a decision of the High Court of Australia which unanimously upheld a Queensland appellate court's decision 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. (en)
date decided
opinions
  • the perjury proceedings should have been stayed, as the Queensland Court of Appeal ordered, because the new trial breached the principle of double jeopardy, and was an abuse of process (en)
prior actions
  • R v Carroll 19 A Crim R 410 - original murder trial; R v Carroll [2000] QSC 308 - perjury trial in the Supreme Court of Queensland; R v Carroll [2001] QCA 394 - Queensland Court of Appeal decision (en)
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