Supreme Court
Decision Information
Summary: Accused entered a special plea of autrefois convict with respect to a charge of gross indecency and a charge of indecent assault involving one complainant - In 1979 the Accused had been sentenced to four months imprisonment for contributing to the juvenile delinquency of the same victim who had brought forward the two new charges - Accused argued that the new charges were based on the same underlying set of fact as the previous conviction. Court held that the underlying facts for the charge of gross indecency were the same as those that had previously underlined the contributing charge under the Juvenile Delinquents Act therefore the gross indecency charge was dismissed - Same could not be said for the indecent assault charge, hence plea of autrefois was rejected as against that charge.
Abstract: Voir Dire ruling
Decision: Count 1 dismissed ; Count 4 upheld
Subjects: Criminal law - Pleas - Autrefois acquit / convict
Criminal law - Sexual offences - Sexual assault
Criminal law - Sexual offences - Gross indecency