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What is Double Jeopardy?
The Means Rea & Actus Reus
Limitations of the Defence
Application of the Defence in Law
100
Give a clear description of the defence of Double Jeopardy
What is being tried for the same offence twice
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.
100
When the accused pre-trail plea claims that they have already been convicted of the charge
What is autrefois convict
100
The name of a case in Canada involving the defence double jeopardy.
What is the R v. Wiggelsworth case.
200
The section of the Canadian Charter of Rights & Freedoms that prohibits Double Jeopardy
What is section 11.
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.
200
When the accused pre-trail plea claims that they have already been aquitted of the charge
What is autrefois acquit
200
After R.C.M.P. officer Wiggelsworth was charged with assault under the Criminal Code of Canada and with a major service offence under R.C.M.P. Act for the same assault, he argued these two charges could constitute this defence.
What is double jeopardy
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."
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.
300
the new trial would not be considered double jeopardy
What is canadian law allows the prosecution to appeal an aquittal; if acquittal is thrown out and a new trial must occur
300
The appeal court made this decision after hearing Wiggelsworth's appeal.
What is a dismissal of the appeal. After the appeal court observed the fact that the major service offence was only related to the private sphere of R.C.M.P. conduct and wasn't criminal in nature.