QLD Criminal Law - Queries on Gable Tostee Case?

[Amanda1974.t]

I am just a member of the public following the Gable Tostee case. I am wondering under criminal law:

1. Was the inquiry only sought after due to the probability of gaining a conviction and having further evidence submitted?

2. If so, can he be re-tried for murder or manslaughter or will it have to be a lesser charge due to double jeopardy?

Thank you

 

[Victoria S]

Hi Amanda,

Yes that's correct. Regardless of the findings of any further inquest, the double jeopardy principal prevents Tostee being trialled again for the previous charges, however he could face the prospect of less serious charges such as deprivation of liberty. The point of double jeopardy being to prevent the prosecution from being able to retry a person found not guilty in the hope they would be convicted in a subsequent trial.

 

[Rod]

And even additional charges like deprivation of liberty may not able to be commenced. There are some legal rules around secondary charges and double jeopardy that may also apply. I suspect, but am not certain, there are are some differences in the laws between the states so where the trial takes place can alter the result.