He was sentenced to life imprisonment, to serve a minimum of 13 years. In December 2018, convicted paedophile Russell Bishop was also retried and found guilty by a jury for the Babes in the Wood murders of two 9-year-old girls, Nicola Fellows and Karen Hadaway, on 9 October 1986.
At the original trial in 1987, a key piece of the prosecution's case rested on the recovery of a discarded blue sweatshirt.
Then Director of Public Prosecutions, Ken Macdonald QC, said that he expected no more than a handful of cases to be brought in a year. Pressure by Ann Ming, the mother of 1989 murder victim Julie Hogg—whose killer, William Dunlop, was initially acquitted and subsequently confessed—also contributed to the demand for legal change.
Three years later, Bishop was found guilty of the abduction, molestation, and attempted murder of a 7-year-old girl in February 1990.
On 11 September 2006, Dunlop became the first person to be convicted of murder following a prior acquittal for the same crime, in his case his 1991 acquittal of Hogg's murder.
In 1996 Weston had been acquitted of the murder of Vikki Thompson at Ascott-under-Wychwood on 12 August 1995, but following the discovery in 2009 of compelling new evidence (Thompson's blood on Weston's boots) he was arrested and tried for a second time.
In 1996 Weston had been acquitted of the murder of Vikki Thompson at Ascott-under-Wychwood on 12 August 1995, but following the discovery in 2009 of compelling new evidence (Thompson's blood on Weston's boots) he was arrested and tried for a second time.
A parallel report into the criminal justice system by Lord Justice Auld, a past Senior Presiding Judge for England and Wales, had also commenced in 1999 and was published as the Auld Report six months after the Law Commission report.
He was originally convicted of the murder of Leonard Harris and Rose Seferian in 1999, but the conviction was quashed in 2000 by the Court of Appeal on a technicality.
He was originally convicted of the murder of Leonard Harris and Rose Seferian in 1999, but the conviction was quashed in 2000 by the Court of Appeal on a technicality.
Part of English law for over 800 years, it was partially abolished in England, Wales and Northern Ireland by the Criminal Justice Act 2003 where, following demand for change, serious offences may be re-tried following an acquittal if new and compelling evidence is found and for the trial to be in the public's interest.
These recommendations were implemented—not uncontroversially at the time—within the Criminal Justice Act 2003, and this provision came into force in April 2005.
These recommendations were implemented—not uncontroversially at the time—within the Criminal Justice Act 2003, and this provision came into force in April 2005.
The case was re-investigated in early 2005, when the new law came into effect, and his case was referred to the Court of Appeal, in November 2005, for permission for a new trial, which was granted.
All states have now chosen to introduce legislation that mirrors COAG's recommendations on "fresh and compelling" evidence. In New South Wales, retrials of serious cases with a minimum sentence of 20 years or more are now possible even if the original trial preceded the 2006 reform.
On 11 September 2006, Dunlop became the first person to be convicted of murder following a prior acquittal for the same crime, in his case his 1991 acquittal of Hogg's murder.
Public outcry following the overturn of his conviction (for perjury) by the High Court has led to widespread calls for reform of the law along the lines of the England and Wales legislation. During a Council of Australian Governments (COAG) meeting of 2007, model legislation to rework double jeopardy laws was drafted, but there was no formal agreement for each state to introduce it.
However, retrial applications could only be made for serious offences such as murder, manslaughter, arson causing death, serious drug offences and aggravated forms of rape and armed robbery. In Queensland on 18 October 2007, the double jeopardy laws were modified to allow a retrial where fresh and compelling evidence becomes available after an acquittal for murder or a "tainted acquittal" for a crime carrying a 25-year or more sentence.
In 1996 Weston had been acquitted of the murder of Vikki Thompson at Ascott-under-Wychwood on 12 August 1995, but following the discovery in 2009 of compelling new evidence (Thompson's blood on Weston's boots) he was arrested and tried for a second time.
Dunlop pleaded guilty to murder and was sentenced to life imprisonment, with a recommendation he serve no less than 17 years. On 13 December 2010, Mark Weston became the first person to be retried and found guilty of murder by a jury (Dunlop having confessed).
Twenty years after the original conviction, Weir was convicted for the murders for a second time. ====Scotland==== The double jeopardy rule no longer applies absolutely in Scotland since the Double Jeopardy (Scotland) Act 2011 came into force on 28 November 2011.
Again, new evidence might be introduced by the prosecution. On 9 April 2013 the Dutch senate voted 36 "yes" versus 35 "no" in favour of a new law that allows the prosecutor to re-try a person who was found not guilty in court.
In 2014, re-examined by modern forensics, the sweatshirt contained traces of Bishop's DNA, and also had fibres on it from both of the girls' clothing.
However, in 2016, the Supreme Court held that Puerto Rico is not a separate sovereign for purposes of the Double Jeopardy Clause.
He was sentenced to life imprisonment, to serve a minimum of 13 years. In December 2018, convicted paedophile Russell Bishop was also retried and found guilty by a jury for the Babes in the Wood murders of two 9-year-old girls, Nicola Fellows and Karen Hadaway, on 9 October 1986.
At the 2018 trial, a jury of seven men and five women returned a guilty verdict after two-and-a-half hours of deliberation. On 14 November 2019, Michael Weir became the first person to be twice found guilty of a murder.
In 2018, new DNA evidence had been obtained and palm prints from both murder scenes were matched to Weir.
At the 2018 trial, a jury of seven men and five women returned a guilty verdict after two-and-a-half hours of deliberation. On 14 November 2019, Michael Weir became the first person to be twice found guilty of a murder.
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