Double jeopardy is often used to refer to an accused being presented for trial or sentence before different courts regarding the same matter. It's also used to describe the situation where an accused is punished twice for the commission of the same act. Black J described the concept in this context in Green v United …
Tag: duplicity
Wilful and obscene exposure
What’s the difference between the common law offence of wilful exposure and the statutory offence of obscene exposure?The location where the offence might occur is the main difference. Statutory obscene exposure must occur in or within view of a public place.Common law wilful exposure can occur anywhere, provided that the exposure was seen by one …
Duplicity
Edit: The 5th edition of Freckelton's Indictable Offences in Victoria is now out. A splash about it cam be found here.A charge is bad for duplicity if there is more than one offence alleged in the one charge.The law doesn't allow duplicity because an accused person has the right to know what is alleged against …