Presumption of innocence in Australia: a threatened species

Gray, Anthony (2016) Presumption of innocence in Australia: a threatened species. Criminal Law Journal, 40 (5). pp. 262-282. ISSN 0314-1160


This article considers the extent to which Australian legislation is departing from the fundamental due process principle of the presumption of innocence. Using examples from the Criminal Code 1995 (Cth) as an example, it cites increased use of reverse onus provisions in relation to proof of elements of offences, before considering the potential of Chapter III of the Constitution to constitutionally protect the presumption of innocence.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to Published version, in accordance with the copyright policy of the publisher.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 10 Mar 2017 03:55
Last Modified: 09 Aug 2017 06:40
Uncontrolled Keywords: presumption of innocence, reverse onus, due process
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180110 Criminal Law and Procedure
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice

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