Double Jeopardy
There is a general principle that no person may be tried for more than one offence arising out of the same criminal act. But this does not prohibit multiple charges out of the same 'course of conduct' and does not prevent re-trials following a successful appeal. This principle finds expression in procedural law in:
* Special pleas of autrefois acquit and autrefois convict (that can be raised if s17 Criminal Code applies).
* The rule against multiple punishments (s 16)
* Stays of proceedings for other abuse of process.
* Special pleas of autrefois acquit and autrefois convict (that can be raised if s17 Criminal Code applies).
* The rule against multiple punishments (s 16)
* Stays of proceedings for other abuse of process.
Policy Against Double Jeopardy* Prevention of double punishment (attempts to obtain multiple convictions)
* Prevention of unfairness in the conduct of a defence * Prevention of inconsistent verdicts R v Carroll (2002) 213 CLR 635: * Value of finality for the legal system * Prevention of oppression to the accused (re multiple attempts to obtain conviction) |
Ordering a Stay
Subsequent prosecution can constitute an abuse of process even though not barred by ss 16 and 17.
Forms of abuse:
* Challenge to the finality of a previous verdict
- Perjury charges following acquittal (R v Carroll (2002) 213 CLR 635, [118]): 'It is an abuse of process for the Crown to charge a person with an offence of perjury when proof of the charge necessarily contradicts or tends to undermine an acquittal of the accused in respect of another criminal charge'
* Oppression to the accused (Walton v Gardiner (1993) 177 CLR 378).
* Unfairness in conduct of defence: Viers [1983] 2 Qd R 1.
Forms of abuse:
* Challenge to the finality of a previous verdict
- Perjury charges following acquittal (R v Carroll (2002) 213 CLR 635, [118]): 'It is an abuse of process for the Crown to charge a person with an offence of perjury when proof of the charge necessarily contradicts or tends to undermine an acquittal of the accused in respect of another criminal charge'
* Oppression to the accused (Walton v Gardiner (1993) 177 CLR 378).
* Unfairness in conduct of defence: Viers [1983] 2 Qd R 1.