TY - JOUR
T1 - Presumption of innocence in peril
AU - Gray, Anthony
N1 - Publisher Copyright:
© 2017, © The Author(s) 2017.
PY - 2017/6/1
Y1 - 2017/6/1
N2 - This article discusses statutory incursions on the presumption of innocence, using existing drugs offence provisions in the Commonwealth Criminal Code as an example. It argues such laws are problematic because they allow a person to be convicted despite the existence of reasonable doubt as to their guilt, and that through use of the Chapter III concept of ‘institutional integrity’, such laws may be open to constitutional challenge. By permitting a court to preside over a trial where an accused may be convicted despite the existence of reasonable doubt, the court’s institutional integrity is undermined.
AB - This article discusses statutory incursions on the presumption of innocence, using existing drugs offence provisions in the Commonwealth Criminal Code as an example. It argues such laws are problematic because they allow a person to be convicted despite the existence of reasonable doubt as to their guilt, and that through use of the Chapter III concept of ‘institutional integrity’, such laws may be open to constitutional challenge. By permitting a court to preside over a trial where an accused may be convicted despite the existence of reasonable doubt, the court’s institutional integrity is undermined.
UR - http://www.scopus.com/inward/record.url?scp=85029786339&partnerID=8YFLogxK
U2 - 10.1177/1037969X17710613
DO - 10.1177/1037969X17710613
M3 - Article
AN - SCOPUS:85029786339
SN - 1037-969X
VL - 42
SP - 96
EP - 101
JO - Alternative Law Journal
JF - Alternative Law Journal
IS - 2
ER -
