The Queen vs Romel Appu – clr volume 3 page 052_1

In The Queen v. Romel Appu, the court addressed whether a prior conviction barred a subsequent trial for a more aggravated form of the same offense when both concerned identical facts. It was held that a person cannot be charged or tried twice based on the same factual circumstances, even if the subsequent charge alleges a more severe form of the offence. This reaffirmed the principle of autrefois convict, referencing the bar against double jeopardy per the Penal Code. The findings established that since the evidence in both proceedings was identical, the plea of a former conviction precluded the further aggravated charge. As a result, the conviction was set aside and the accused was acquitted and discharged.

Withers J. — It was determined that a plea of former conviction—arising from a