(Malaya) The effect of a verdict of acquittal pronounced by a competent court after a lawful trial is not restricted to the fact that the person acquitted cannot be tried again for the same offence. It is binding and conclusive in all subsequent proceedings between the parties to the adjudication: ‘The effect of a verdict of acquittal pronounced by a competent court on a lawful charge and after a lawful trial is not completely stated by saying that the person acquitted cannot be tried again for the same offence. To that it must be added that the verdict is binding and conclusive in all subsequent proceedings between the parties to the adjudication. The maxim ‘Res judicata pro veritate accipitur’ is no less applicable to criminal than to civil proceedings.’
Lord Dermott
[1950] AC 458
England and Wales
Cited by:
Cited – Regina v Terry CACD 21-Dec-2004
The prosecutor had a alleged a conspiracy basing the charge on a conversation in a car. The court rejected the admisibility of evidence of a voice recognition expert, and the defendant was acquitted on direction. He then said that in the absence of . .
Applied – Regina v Wilmot CACD 1989
Wilmot was charged with a series of six predatory rapes, committed by picking up women, some prostitutes, in one or other of two cars. The court considered the cross admissibility of similar fact evidence.
Held: Glidewell LJ said: ‘It has been . .
Cited – Regina v Z (Prior acquittal) HL 22-Jun-2000
The defendant on a charge of rape had been tried and acquitted of the rape of different women on three previous occasions in three separate trials. The prosecution wished to call those three complainants to give similar fact evidence in support of . .
Explained – Director of Public Prosecutions v Humphrys HL 1977
Humphrys was charged with driving while disqualified. The issue was the correctness of the identification by a police constable. In evidence, Humphrys denied that he was the driver, or indeed that he had driven any car during the year in question. . .
Cited – Connelly 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 August 2021; Ref: scu.221711
