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Tuesday, 18 April 1961

Mr WHITLAM (Werriwa) .- I appreciate that, but I think it would still be correct to say that the right of appeal of a convicted person will be more limited in the Northern Territory than in any of the States. I appreciate that a person convicted by a jury in the Supreme Court of the Northern Territory will have the right of appeal to the High Court only on questions of law, but in all the States a person who is convicted has an appeal as of right on questions of law in many criminal matters other than capital matters. What I ask the Attorney-General (Sir Garfield Barwick) to consider doing - perhaps he would introduce an amendment in the other place to this effect - is to give the same right of appeal on matters of law to convicted persons in the Northern Territory, as exists in the States. Provision could be made for a right of appeal, on a question of law, to the High Court until there is provision for a full court of the Supreme Court in the Northern Territory, for any person who is convicted of an offence for which, say, a term of imprisonment of one year or more may be imposed.

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