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The Queen v Carroll

[2002] HCA 55
Case number
B82/2001
Before
Gleeson CJ, Gaudron, McHugh, Gummow, Hayne JJ
Catchwords

Criminal law – Perjury - Accused at murder trial denies in evidence that he killed the deceased - Accused acquitted of murder and subsequently indicted for perjury in relation to sworn statement - Whether perjury charge undermined accused's acquittal of earlier charge of murder - Whether perjury charge infringed common law rule against "double jeopardy".

Criminal law – Double jeopardy - Res judicata - Issue estoppel - Autrefois acquit - Preclusion.

Practice and procedure – Power of court to stay indictments for abuse of process - Whether perjury indictment should have been stayed as an abuse of process.

Criminal Code (Q) – ss 17, 123, 584, 592A, 598, 602, 631.

Evidence Act 1977 (Q) – s 8.

Words and phrases – "Double jeopardy".

Files
55.rtf (86.12 KB)
55.pdf (207.26 KB)