THE ISSUE

1.1 The common law rule that there is no appeal against a directed verdict of not guilty applies in New South Wales.¹ Statutory inroads have been made into the common law rule in Tasmania and Western Australia where the Crown has a right of appeal against an acquittal in cases involving an error of law.² The issue addressed in this Discussion Paper is whether there should be a similar right of appeal against an acquittal by direction of the judge in New South Wales.

THE COMMISSION'S REFERENCE

1.2 On 17 March 1995 the then Attorney-General, the Hon John P Hannaford MLC, referred to the Commission the question whether there should be a right of appeal in New South Wales against an acquittal by direction of the judge. In conducting the review, the Commission was directed to have regard to:

• the incidence of directed verdicts of acquittal;
• the double jeopardy rule and the rights of an accused person;
• the impact on the administration of justice and on public confidence in the judiciary of any proposals for reform; and
• any related issues.

THE STRUCTURE OF THIS PAPER

1.3 This Discussion Paper adopts the following structure:

• Chapter 1 states the issue and sets out the Commission’s terms of reference.
• Chapter 2 outlines the law in New South Wales.
• Chapter 3 analyses the law in Tasmania and Western Australia where the Crown has a limited statutory right of appeal against an acquittal.
• Chapter 4 addresses the issue whether the law of New South Wales should be changed to allow a right of appeal against a directed verdict of acquittal and contains the Commission’s proposal.
• The Appendix contains data on directed verdicts in New South Wales in 1992.

1. See para 2.1.

2. See Chapter 3.