Tread carefully, lest vindictiveness place justice in jeopardy

This article was published in The Sydney Morning Herald 6 June 2011

The double jeopardy rule is not perfect, but we abolish it at our peril.

The Victorian government has announced its intention to abolish the ''double jeopardy'' rule. This is the rule that says a person should not be tried twice for the same crime. The push for change has been linked to suggestions the Walsh Street murders of Constables Steven Tynan and Damian Eyre might be the subject of a new trial for the same defendants on fresh evidence.

The double jeopardy rule is found in the law of many countries, including Britain, the United States, Canada and the countries of the European Union. It has been part of the common law system for about 800 years. The fact that it is ancient is not, of itself, sufficient argument for its continued existence, but it should make us pause to understand its foundations and the principles it preserves.