In October 1983, Carroll was interviewed by the police in relation to the murder of Deidre Kennedy, a baby whose body had been found on the roof of a toilet block in Ipswich, Queensland, in April 1973.

The prosecution's case was that the teeth marks on Deidre's body were made by Carroll, that he had a propensity for biting small children on the legs and that his alibi was false.

The High Court dismissed the appeal, finding that a conviction for perjury would inevitably controvert Carroll's previous acquittal for murder and was thus inconsistent with double jeopardy principles.

The High Court also ruled that this principle applied whether or not substantial new evidence had come to light, overruling Queensland authority to that effect.

The courts ruling in this case was due to technicality which was established to prevent double jeopardy There was widespread public outcry following this decision.

[6] New South Wales premier Bob Carr began a law reform process[7] and the Victorian attorney general, Rob Hulls canvassed the possibility of legislative change.