Appellate Law & Miscarriages of Justice

The course examines first instance criminal appeal process in South Australian and Federal Courts and post-conviction review mechanisms throughout Commonwealth nations, including Australia, the U.K, Canada, Scotland and New Zealand. Students will critically examine, through class participation and oral and written assessment, the development, rules and nature of criminal appeals in Australia in contrast with post-conviction processes for reviewing criminal convictions subsequent to exhaustion of the appeal process. The course syllabus involves the following modules: History and Development of the Criminal Appeal in the United Kingdom; Criminal appeal Process in Australian State and Federal Jurisdictions; Criminal Appeal in other Commonwealth Nations; The Principle of Finality; The Institution of Mercy (1) - Prerogative Power and Exercise; The Institution of Mercy (2)- Referral Power and Exercise; Special Inquisition into Criminal Miscarriage - Royal Commission and Inquiry; The Nature of Executive Post-Conviction Review and the Separation of Powers; Reform CCRC;s and Innocence Projects; Reform - Second Statutory Appeals; International Obligations on Criminal Appeal Process and Executive Mercy.