[2001] EWCA Crim 1215

Where the prosecution sought to replace a count of common assault with a count of assault occasioning actual bodily harm and had offered no evidence in relation to common assault, the appellant was entitled to rely on the defence of autrefois acquit when faced with the charge of assault occasioning actual bodily harm based on the same facts.

CA (Crim Div) (Rose LJ, Leveson J, Mitting J)

30/04/2001