JSB171 Lecture Notes - Lecture 1: Dangerous Driving, Carnal Knowledge, Indictable Offence
Document Summary
: s17: onus, finality, alternative verdicts, general or partial verdict, limb & rule, exceptions. Onus defence on accused bop rather than brd: r v viers. Generally may not be charged with same offence: s17. 1st limb t2 = alternative verdict to t1 (major offence alternative offence) = might have been convicted of 2nd trial charge in 1st trial. To prevent the dpp bringing a less serious charge after failing (or succeeding) on a: rationale more serious charge. 2nd limb t1 = alternative verdict to t2 (alternative offence major offence) = might be convicted of 1st trial charge in 2nd trial: rationale more serious charge. To prevent the dpp bringing a more serious charge after succeeding (or failing) on a. Does not affect subsequent proceedings: doyle v r per shepherdson j: jury failed to agree, earlier proceedings were committal hearings in the magistrates court on a verdict (partial verdict): simpson. General & partial verdicts according to kelley: general verdict, partial verdict.
