Presumption of innocence in peril

Anthony Gray*

*Corresponding author for this work

Research output: Contribution to journalArticleResearchpeer-review


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.

Original languageEnglish
Pages (from-to)96-101
Number of pages6
JournalAlternative Law Journal
Issue number2
Publication statusPublished - 1 Jun 2017
Externally publishedYes


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