The following lecture notes relate to a presentation give to ‘the floor’ of the Sir Owen Dixon Chambers by Dr Robert Cavanagh.
The presentation used the case of Kathleen Folbigg as a case example to examine the limitations of the criminal appeal process in Australia as it relates to victims of injustice and to propose an alternative approach – creating a Criminal Case Review Commission.
The following account is designed to provide a brief overview of the prosecution of Kathleen Folbigg and her attempts to gain her freedom. Overview Facts In 2003 Kathleen Folbigg stood trial on four counts of murder and one of maliciously…
A petition was signed on March 2 2021 and delivered to the Governor of NSW asking for the Ms Folbigg to be pardoned. The petition is presented below in full.
A judicial enquiry into the conviction of Kathleen Folbigg was held in August 2018. The audio recordings for most of the hearings located below.
On Wednesday, 31 June, Sue Higginson (Greens Party) made a motion in the Legislative Council of the NSW Parliament. The speech demonstrated the courage that our legislators require to do their job and seek genuine justice rather than hiding behind…
In response to instances of miscarriages of justice and a need for better post-conviction review mechanisms, the United Kingdom (in 1997),[i] Scotland (in 1999),[ii] Norway (in 2004)[iii] and New Zealand (in 2020)[iv] have established a Criminal Cases Review Commission. On…
Political prosecutions are commonplace in authoritarian jurisdictions but they seen more in democracies now too. Their existence is a major problem and represent a crime against democracy.
