Source: All England Reporter
Publisher Citation: [2013] All ER (D) 210 (Apr)
Neutral Citation: [2013] EWCA Crim 569
Court: Court of Appeal, Criminal Division
Judge:

Sir John Thomas P, Mr Justice Cranston and Mr Justice Leggatt

Representation John McGuinness QC for the Crown.
  Adrian Waterman QC for JFJ.
Judgment Dates: 24 April 2013

Catchwords

Criminal law - Autrefois acquit - Rule against double jeopardy - Defendant being charged with common assault - Defendant pleading guilty and case being adjourned for trial - Prosecution subsequently adding charge of assault occasioning actual bodily harm in place of original charge - Defendant pleading not guilty - Matter adjourned for committal and original trial date vacated - Charge of common assault being dismissed - Defendant contending dismissal of common assault charge giving rise to plea of autrefois acquit - Crown Court accepting contention and staying indictment - Whether plea of autrefois should be narrowly defined - Whether defendant 'in peril' - Whether court bound by previous authority.

The Case

Criminal law Autrefois acquit. The Court of Appeal, Criminal Division, allowed the Crown's appeal and gave guidance on the plea of autrefois acquit.

Practice Areas

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