Wemyss v Hopkins: 1875

The defendant had been convicted under a statutory offence, on the basis that as a driver of a carriage he had struck a horse ridden by the prosecutor causing hurt and damage to the prosecutor. He was then summoned again for what appeared to be a different offence, of having unlawfully assaulted, struck and otherwise abused the prosecutor. The two offences were in fact founded on one and the same incident.
Held: On a case stated the second conviction was quashed.


(1875) LR 10 QB 378


England and Wales

Cited by:

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 . .
CitedRegina 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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 01 December 2022; Ref: scu.237473