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ARTICLE · 30 DECEMBER 2023

Compensation for wrongfully convicted persons in New South Wales

JB Solicitors
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Wrongful conviction occurs when a person is convicted for a crime they did not commit.

AustraliaLitigation, Mediation & Arbitration
John Bui
John Bui
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When a person is wrongfully convicted, the consequences can be profound and long-lasting. They often experience a range of negative emotions, including bitterness, loss, hopelessness, anger, and aggression. This article will discuss the concept and effect of wrongful conviction of persons in New South Wales, Australia.

What Is Wrongful Conviction?

Under the criminal justice system, this occurs when a person faces conviction for a crime they did not commit. Common causes of wrongful convictions in Australia include

  • overzealous and unprofessional police investigations,
  • weak circumstantial evidence,
  • corruption and misconduct by police, and
  • the use of unreliable and discredited expert evidence.

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Queensland civil procedure requires defendants to respond to each factual allegation with precision—admissions, denials, or non-admissions must be properly explained, while inadequate responses risk being treated as admissions. Replies serve a distinct and limited purpose, addressing only new matters raised in the defence that could affect the claim's maintainability or introduce unexpected factual questions.
AustraliaLitigation, Mediation & Arbitration
Stonegate Legal
Stonegate Legal