Dwyer v Regina: CACD 11 Feb 2011

Further fresh evidential materials were sought to be relied upon in a second prosecution of the defendant.
Held: ‘In our judgment, the words ‘the same or substantially the same facts’ or ‘the same incident’ refer to the relevant state of affairs as they existed to the knowledge of the prosecutor at the date the proceedings were concluded’. The defendant had been charged and sentenced in the second set of proceedings on ‘almost precisely the same basis’ as he had been sentenced in the first set of proceedings. The defendant may have been exceptionally fortunate in the sentence passed in the first proceedings: but ‘it is not a basis for giving the prosecution a second bite at the same cherry’.

[2012] EWCA Crim 10,
England and Wales
CitedRegina v Beedie CACD 11-Mar-1997
Stay for Extended Autrefois Convict
The plea of autrefois convict applies only if the legal substance of the charges is same but the judge has a discretion. The plea is not limited to Connelly v DPP definitions, but is still narrow.
A 19-year-old girl died of carbon monoxide . .
CitedConnelly v Director of Public Prosecutions HL 1964
Plea of Autrefois Acquit is Narrow in Scope
The defendant had been tried for and acquitted of murder. The prosecution then sought to have him tried for robbery out of the same alleged facts. The House considered his plea of autrefois convict.
Held: The majority identified a narrow . .
CitedPhipps, Regina v CACD 14-Jan-2005
The appellant had been convicted of driving with excess alcohol. After complaints by the injured victim’s family he was further prosecuted for dangerous driving. He now appealed his conviction, having pleaded guilty when the judge failed to find an . .

Cited by:
CitedWangige, Regina v CACD 14-Oct-2020
Second Prosecution on Same Facts was An Abuse
The defendant appealed his conviction of causing death by dangerous driving. He appealed from the refusal of the judge to give a stay the prosecution as an abuse He had been previously prosecuted for a lesser offence on the same facts.
Held: . .

Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 10 January 2022; Ref: scu.654662