Source: All England Reporter
Publisher Citation: [2005] All ER (D) 273 (Oct)
Court: Court of Appeal, Criminal Division
Judge:

Hooper LJ, Leveson and Calvert-Smith JJ
Representation James Bullen (assigned by the Registrar of Criminal Appeals) for the defendant.
  Anthony Donne QC (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 24 October 2005

Catchwords

Criminal law - Autrefois convict - Murder - Wounding with intent - Conviction at first trial for wounding - Subsequent death of person assaulted - Whether conviction of co-defendant being admissible in second trial - Whether second trial violating prohibition on second trial for same offence after final acquittal or conviction - European Convention on Human Rights, art 4 of protocol 7.

The Case

In the instant case, where the defendant had been convicted of wounding with intent (as an alternative to attempted murder), there was nothing in well established authority (that to try the defendant for murder of that same victim where she had died after the original conviction did not offend the principle of double jeopardy) which could be said to be in violation of art4 of protocol7 of the European Convention on Human Rights (prohibition on second trial for same offence where defendant was finally convicted or acquitted).

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