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ARTICLE · 08 FEBRUARY 2024

When can a Judicial Inquiry be held into a potential wrongful conviction in NSW?

Judicial inquiries in NSW can review cases, providing court scrutiny over a potential miscarriage of justice.

AustraliaLitigation, Mediation & Arbitration

Last year, New South Wales woman Kathleen Folbigg was pardoned and her convictions were later quashed after a public inquiry found that the science used to convict her of murdering three of her four infants was deeply flawed.

However, Folbigg's release followed a number of failed attempts at freedom including multiple appeals as well as a separate judicial inquiry in 2019.

Judicial inquiries are a unique avenue to have cases reviewed in NSW, providing a separate means of getting court scrutiny over a potential miscarriage of justice.

The following outlines the circumstances in which a judicial inquiry can be raised, the powers of courts when conducting an inquiry and why the 2019 inquiry in Folbigg concluded that her conviction should stand.

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