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Double Jeopardy

The Deidre Kennedy Murder

This is the 800 year old rule that states no individual can be tried for the same offense twice.

R v Carroll, Double Jeopardy Case

Views on Double Jeopardy Law Change

On 13 April 1973, 17 month old Deidre Kennedy was taken from her home in Ipswich, at 10 pm. The next morning she was found dead on the roof of a toilet block 500m from her family home.

After the Double Jeopardy Law was changed the law was either:

Supported

Criticised

The investigation

The Case

100's were interviewed in Ipswich in regards to the murder of Deidre. The case went cold until 1982 when suspicion was turned onto Raymond John Carroll.

Responses

Raymond John Carroll

Law Reform

After the murder of Deidre Kennedy was left unsolved it prompted the states to make changes to Double Jeopardy law. The law change allowed there to be a second trial if new and compelling evidence was found or for a crime that would attract a 25-year or more sentence, if the original acquittal is tainted. The law was not made retrospective so Carroll couldn't have a retrial.

*RAAF cadet.

*Came under suspicion after breaking into female quarters at Amberley airbase.

* Interviewed and cast of teeth taken.

* Was reportedly not at his

airbase at the time of the

murder.

Court Case Verdict

Legal Responses

Or

On the other hand an article by The Age outline the downfalls of the changes to the Double Jeopardy law. It spoke of how the changes put more power into the states hands, who have unlimited resources, to be able retry individuals until they reach desired results.

Raymond John Carroll was found guilty of the murder of Deidre Kennedy in March 1985 in the Supreme Court of Queensland. On the grounds he was not present at his airbase and the forensic ondontologist gave evidence that he bit Deidre. Given life sentence.

After the law change, an article by the Queensland Times supported Faye Kennedy and the decision by the Queensland government to the law change of Double Jeopardy. It spoke of how Mrs Kennedy was going to continue to fight for the law to become retrospective so she could have a retrial for her daughter's murder.

Appeal

Carrol was acquitted of murder in November 1985 in the Court of Criminal Appeal. The decision was made as no jury could come to a safe and satisfactory decision based on the evidence given.

Perjury Case

Deidre's body had been found in women's underwear, with bruising showing she had been sexual assaulted and bashed before she was strangled to death. There was bruising from a bite on her thigh.

Found guilty of perjury in QLD Supreme Court in November 2000, after it was found out his alibi was fake. The prosecution was able to charge him with perjury as he gave a false testimony under oath (Criminal Code Section 123, subsection 1). Given 12 years.

Law Reform Petition

Media

Memorial

Second Appeal

Both Faye Kennedy and Raymond Carroll spoke on an episode of 60 minutes. Carroll was able to plea his innocence on a lie detector and Kennedy was able to describe the pain she still lived in.

Mother of murdered child, Faye Kennedy traveled around Queensland to get 100, 000 signatures to make changes to the Double Jeopardy. The law was changed at the point when she had 70, 000. Still fighting to get law made retrospective.

A memorial plaque was placed in a rotunda in Limestone Park 40 years after the murder took place. The plaque helped to remind the community of the Deidre's murder and the unapparent dangers that are present.

The freedom of Raymond John Carroll after being convicted by two juries, caused a number of non legal and legal responses in Australia.

Carroll was acquitted again as he claimed it was an abuse of process by the prosecution, the judge didn't exclude evidence and the jury couldn't come to a safe and satisfactory decision based on the evidence given. The sentence was quashed and he was acquitted.

Final Decision

Non-Legal Responses

Article: Mother seeks double jeopardy law change

The appeal by the prosecution was rejected in the High Court of Australia and was decided that Raymond John Carroll could never again be tried for the murder of Deidre Kennedy under the law of Double Jeopardy.

Article: Tread carefully, lest vindictiveness place justice in jeopardy

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