Table of Contents
Terms of reference
Participants
Submissions
1. INTRODUCTION
THE ISSUE
THE COMMISSION'S REFERENCE
THE STRUCTURE OF THIS PAPER
2. THE LAW IN NEW SOUTH WALES
THE GENERAL RULE
THE DEVELOPMENT OF THE RULE IN AUSTRALIA
THE BASIS OF THE RULE: SUFFICIENCY OR SATISFACTION?
The narrower view
Rationale of the narrower view
Objection to the narrower view
The broader view
Objection of the broader view
The narrower view prevails
3. STATUTORY RIGHTS OF APPEAL IN TASMANIA AND WESTERN AUSTRALIA
TASMANIA
WESTERN AUSTRALIA
4. SHOULD THERE BE A RIGHT OF CROWN APPEAL IN NEW SOUTH WALES?
MATTERS FOR INITAL RESOLUTION
The focus: the general direction of the criminal law or the individual case?
Retrial: the necessary outcome of a successful appeal?
ARGUMENTS AGAINST A CROWN RIGHT OF APPEAL
Double jeopardy
THE RIGHTS OF THE ACCUSED
THE INCIDENCE OF DIRECTED VERDICTS IN NEW SOUTH WALES
CONCLUSION
Provisional proposal
APPENDIX
