Double Jeopardy

What is Double Jeopardy?

100

Give a clear description of the defence of Double Jeopardy

What is being tried for the same offence twice

200

The section of the Canadian Charter of Rights & Freedoms that prohibits Double Jeopardy

What is section 11.

300

What does Section 11 state?

What is "Any person charged with an offence has the right...if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again."

The Means Rea & Actus Reus

100

If later evidence is found that is contrary to a verdict, can the accused be tried again?

What is they cannot be tried again. Regardless of later conclusive evidence that would drastically alter the verdict, a person cannot be tried twice for the same offence.

200

Describe the Mens Rea & Actus Reus in the defence of Double Jeopardy.

What is there is no definitive Mens Rea & Actus Reus. If later evidence proves that the accused has committed the guilty act and held the sufficient guilty mind, the person still cannot be tried again.

300

Twenty years ago, a person was tried and found not guilty of committing a series of gruesome murders. New DNA evidence, however, proves beyond a doubt that the person did commit at least one of the murders. Can the person be tried again?

What is no, the person cannot be tried again. The person was already found not guilty of the charge previously.

Limitations of the Defence

100

When the accused pre-trail plea claims that they have already been convicted of the same charge

What is autrefois convict

200

When the accused pre-trail plea claims that they have already been aquitted of the same charge

What is autrefois acquit

300

A exception to the double jeopardy defence in canada

What is canadian law allows the prosecution to appeal an aquittal and if they go forward with that appeal then the new trail to follow is NOT considered double jeopardy

Application of the Defence in Law

100

A case in Canada involving the defence double jeopardy.

What is the R v. Wiggelsworth case.

200

R.C.M.P. officer Wiggelsworth committed and was charged with assault under the Criminal Code of Canada and with a major service offence under the R.C.M.P. Act. He argues being charged with these two assaults would constitute what defence.

What is double jeopardy.

300

The appeal court made this decision after receiving Wiggelsworth's appeal.

What is a dismissal of the appeal. After observing the fact that the major service offence under the R.C.M.P. Act was strictly disciplinary in nature and related to the private circle of R.C.M.P. conduct. This offence wasn't criminal in nature like the assault charge and therefore didn't constitute double jeopardy.