What Does Double Jeopardy Mean?
In the matter of Pearce v The Queen, the phrase double jeopardy does not have a single meaning. It may be used to refer to pleas in bar of autrfois acquit and autrefois convict. It may also be used to encompass what is said to be a wider principle – which is that no one should be punished twice for the same crime. Double jeopardy is an expression that is employed in relation to several different stages of the criminal justice process. Those stages are prosecution, conviction, and punishment.
In the matter of York v The Queen, McHugh J (at 477) asserted that, since the conferral on the Crown of rights of appeal against sentences, appellate courts have been much influenced in their approach to such appeals of this principle.
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