Duplicity occurs where one charge alleges more than one offence. Double punishment occurs where two (or more) offences describe the same act. Both are errors in legal drafting that can result from trying to apply neat legal theory to untidy real life events.Since duplicity and this particular sub-set of double jeopardy involve matters of fact …
Tag: duplicity
ADA v Bruce & Anor [2011] VSC 338: the De Simoni principle
We discussed Clarkson v The Queen [2011] VSCA 157 in this post last month. A bench of five justices decided that a lack of forcible coercion of the child victim of sexual offending might be a mitigating circumstance. This would only be in the rare case where it could be shown that the 'consent' (as …
Continue reading ADA v Bruce & Anor [2011] VSC 338: the De Simoni principle
ADA v Bruce & Anor [2011] VSC 338: the De Simoni principle
We discussed Clarkson v The Queen [2011] VSCA 157 in this post last month. A bench of five justices decided that a lack of forcible coercion of the child victim of sexual offending might be a mitigating circumstance. This would only be in the rare case where it could be shown that the 'consent' (as …
Continue reading ADA v Bruce & Anor [2011] VSC 338: the De Simoni principle
Giretti trafficking
Giretti v R (1986) 24 A Crim R 112 authorises the Crown's practice of alleging trafficking in illicit drugs 'between dates'. A count of trafficking which alleges one offence on a Giretti basis is not bad for duplicity even though multiple acts (each possibly making out its own offence) are sought to be proved.A very …
Double jeopardy 2
Edit: Another example of how uncertain the operation of double jeopardy can be is found in Pollard v The Queen [2010] VSCA 156. There, sentences were handed down for offences of negligently causing serious injury (s 24 Crimes Act 1958) and failing to render assistance at the scene of an accident s 61(b) of the …