The Jason Roberts case: A second or subsequent appeal process to correct miscarriages of justice?

Abstract

The first re-trial under the second or subsequent appeal provisions introduced into the Criminal Procedure Act 2009 (Vic) has recently concluded, resulting in the acquittal of Jason Roberts for the 1998 murders of two Victoria Police officers. This article traces the various stages in Roberts’ efforts to have his conviction overturned, raising questions about the efficacy of the different mechanisms available for redressing miscarriages of justice. Ultimately, while the second or subsequent appeal process can be considered a success for Roberts, significant barriers remain for other wrongfully convicted persons whose circumstances do not receive the attention of a powerful commission of inquiry such as IBAC.