http://www.findlaw.com.au/edocs/document.aspx?pcid=1649
Queensland Premier Anna Bligh announced proposed laws to launch “judge-only” trials and majority verdicts for juries in late August.
These reforms to Queensland’s criminal justice system could be law within a month after being introduced into State Parliament last week.
Under the proposed reforms, the prosecution is only able to apply for a “judge only” trial if the defendant consents. Majority jury verdicts will be acceptable, but only if there is one dissenting juror after more than eight hours of deliberation. The State cabinet hoped this would resolve the number of hung juries in Queensland.
Judges can rule out a judge-only application if it is in the public interest to have a jury. Criminal offences carrying a mandatory life sentence, such as murder, will still need to have unanimous verdicts.
While Ms Bligh states that these reforms brings Queensland into line with other Australian jurisdictions, the proposal is thought to be in response to the cases of accused paedophile Dennis Ferguson and former Bundaberg doctor Jayant Patel (“Doctor Death”
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Ms Bligh denies this, claiming that while there was speculation of coming difficulties in the Patel case the changes were not being made in anticipation of them.
“Clearly, there has been recent debate about the jury system here in Queensland arising out of a couple of cases,” Ms Bligh said.
In April, Queensland Chief Justice Paul de Jersey called for the reforms, saying the state was “out of step with the rest of the country”.
Both Ferguson and Patel are high profile cases, and pretrial publicity gave rise to speculation that neither would be able to receive a fair trial.
BBM