22 |
Retrials |
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| 22.1 |
Where a trial has ended without verdict (ie hung or aborted) consideration should be given to whether or not a retrial is required. Factors to be considered include: |
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(1) |
whether or not the jury was unable to agree (or the trial ended for other reasons); |
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(2) |
whether or not another jury would be in any better or worse position to reach a verdict; |
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(3) |
the cost of a retrial to the community and to the offender; |
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(4) |
the attitude of the victim; and |
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(5) |
the seriousness of the offence. |
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| 22.2 |
Where two juries have been unable to agree upon a verdict, a third or additional trial will only be directed in exceptional circumstances. Any such direction must be given by the Director. |
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| 22.3 |
Where a conviction at trial has been overturned and a retrial ordered, consideration should be given as to whether or not a retrial is required. Factors to be considered include: |
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(1) |
availability of witnesses; |
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(2) |
the cost of a retrial to the community and the offender; |
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(3) |
whether the sentencing disposition has been served; |
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(4) |
whether the offender contributed to the miscarriage of trial (Paterson v R (2004) 28 WAR223; |
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(5) |
whether or not a conviction is inevitable; |
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(6) |
the attitude of the victim; and |
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(7) |
the attitude of the police officer-in-charge |
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| 22.4 |
In all cases the matter must be referred to the Director for consideration as to whether there is to be a retrial. |
