Can 'Dr Death' receive a fair trial?


Burgess, Craig. 2007. "Can 'Dr Death' receive a fair trial?" QUT Law Review. 7 (1), pp. 16-29.
Article Title

Can 'Dr Death' receive a fair trial?

ERA Journal ID33734
Article CategoryArticle
AuthorBurgess, Craig
Journal TitleQUT Law Review
Journal Citation7 (1), pp. 16-29
Number of Pages19
Place of PublicationBrisbane, Australia
Web Address (URL)

Identification of a person suspected of a heinous crime before being charged risks prejudicing a fair trial. The identification of rogue former Queensland surgeon Dr jayant Patel is but one recent example. Present laws place this type of negative publicity outside the reach of sub judice contempt. This article argues there should be a change in the law making it an offence for the media to publish the fact that a person is under investigation until the person has been charged.

Keywordscontempt of court, naming suspects before charge, effect of prejudicial pre-trial publicity, influence on jurors, memory, freedom of speech, open justice, public interest, public safety, fair trial, evidential problems, remedies for prejudicial publicity, preferred approach
ANZSRC Field of Research 2020440701. Communications and media policy
480499. Law in context not elsewhere classified
480501. Access to justice
Public Notes

The original article has been published in the QUT Law and Justice Journal 2007, 7(1), 16-29. The article as it appears at that site is the only authorised version of this article. The copyright in the print and electronic appearance of the article are held by QUT and the copyright in the content of the article is held by the author.

Byline AffiliationsSchool of Law
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