JFJ, R. v

JFJ, R. v

The plea of autrefois acquit is narrowly confined to cases where the offences are the same in law and fact; as common assault and assault occasioning actual bodily harm are not the same in law, the plea does not arise. The defendant was not in peril at the time of dismissal, and the court is not bound by R v G, which was wrongly decided and distinguishable.

Parties
Appellant: Regina; Respondent: JFJ
Jurisdiction
England and Wales
Judgment Date
24 April 2013
Procedural Posture
Criminal Appeal / Appeal From Crown Court Ruling on Stay of Indictment
Outcome
appeal allowed
Legal Topics
Double Jeopardy, Autrefois Acquit, Abuse of Process, Assault, Stay of Proceedings
Criminal Law Procedure Double Jeopardy Autrefois Acquit Abuse of Process Assault Stay of Proceedings

Case Brief

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Parties

Regina

Appellant

JFJ

Respondent

Procedural Posture

Criminal Appeal / Appeal From Crown Court Ruling on Stay of Indictment

Legal Issues

  1. 1 Whether the plea of autrefois acquit applies to the dismissal of a common assault charge when a more serious charge is substituted
  2. 2 Whether the defendant was in peril at the time of dismissal
  3. 3 Whether the court is bound by the decision in R v G

Ratio Decidendi

The plea of autrefois acquit is narrowly confined to cases where the offences are the same in law and fact; as common assault and assault occasioning actual bodily harm are not the same in law, the plea does not arise. The defendant was not in peril at the time of dismissal, and the court is not bound by R v G, which was wrongly decided and distinguishable.

Court Disposition

appeal allowed

Orders

  • JFJ to be tried in the Crown Court on the charge of assault occasioning actual bodily harm as soon as possible