Practice and Procedure

R v SIMON MARCELLIN (2010)

PUBLISHED July 19, 2010
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[2010] EWCA Crim 2733

The principle of autrefois convict applied when, after final disposal in one trial, the prosecution tried to prosecute in a second trial for a more serious offence on the same facts. It did not apply to an offender who had pleaded guilty to possession of cocaine in the knowledge that he faced a separate trial for possession of a larger amount of cocaine with intent to supply. The prosecution had been entitled in his case to include the total amount of the drugs in the second trial.

CA (Crim Div) (Moses LJ, Sweeney J, Judge Bevan QC)

19/07/2010

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