Gordon Campbell | Parliament TV | Parliament Today | Video | Questions Of the Day | Search


Goff Supports Limited Exception To Double Jeopardy

Goff Supports Limited Exception To Double Jeopardy Rule

Justice Minister Phil Goff will support a Law Commission proposal to allow for a limited exception to the rule against double jeopardy in a narrow class of cases.

Justice Baragwanath has made the recommendation in his report 'Acquittal Following Perversion of the Course of Justice'. The paper was in response to the case of gang member, Kevin Moore, who was unable to be retried for murder after his acquittal on his first trial because of false evidence by a witness.

"I support the general rule against double jeopardy where a person cannot be re-tried for the same offence. But where the accused has secured an unmerited acquittal on a serious charge by perjury or other conduct that has perverted the course of justice, an exception to the rule is warranted.

"Not to change the law in this area risks bringing the justice system into public contempt. Also, it would provide an incentive for those accused of serious offences to commit perjury or otherwise pervert the course of justice.

"In the case of Moore, he benefited from his own abuse of the criminal justice system. He should have got at least ten years for murder. But as a result of witness perjury he may serve as little as two years and four months for the lesser charge of conspiracy to pervert the course of justice.

"He has literally gotten away with murder.

"The rule against double jeopardy is a long-standing aspect of our law and an important protection of the administration of justice.

"I note Justice Baragwanath's recommendations that the exception to the rule only apply when the accused is guilty of an administration of justice crime such as perjury and that the original crime must be confined to the most serious classes of case.

"I will be putting a paper to cabinet for a law change recommending a limited exception to the rule against double jeopardy," Mr Goff said.


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Veronika Meduna: The Kaikoura Rebuild

A Scoop Foundation Investigation

Friday will be a big day for people north of Kaikōura – and for hundreds of construction workers who are racing to reopen State Highway 1 in time for the holiday season.

By the afternoon, the South Island’s main transport corridor will be open to traffic again, more than a year after a magnitude 7.8 earthquake mangled bridges and tunnels, twisted rail tracks and buried sections of the road under massive landslides. More>>


BPS HYEFU WYSIWYG: Labour's Budget Plans, Families Package

“Today we are announcing the full details of the Government’s Families Package. This is paid for by rejecting National’s tax cuts and instead targeting spending at those who need it most. It will lift 88,000 children out of poverty by 2021." More>>


Gordon Campbell: On Defence Spending, Alabama, And Dolly Parton

The spending lavished on Defence projects to meet the risks that could maybe, possibly, theoretically face New Zealand in future is breath-taking, given how successive governments have been reluctant to spend even a fraction of those amounts on the nation’s actual social needs. More>>


Members' Bills: End Of Life Choice Bill Passes First Reading

The End of Life Choice Bill in the name of David Seymour has been sent to a select committee for consideration by 76 votes to 44. It is the third time Parliament has voted on the issue in recent decades and the first time such a Bill has made it over the first hurdle. More>>


State Sector: MPI Survives Defrag Of Portfolios

The Ministry for Primary Industries will not be split under the new government, but will instead serve as an overarching body for four portfolio-based entities focused on fisheries, forestry, biosecurity and food safety. More>>


Gordon Campbell: On Vulnerable Kids, RNZ Funding, And Poppy

The decision to remove the word ‘vulnerable’ from the Ministry for Vulnerable Children could well mark a whole shift in approach to the care of children in need... More>>





Featured InfoPages