CRIMINAL CODE 1899 - SECT 17 Former conviction or acquittal
CRIMINAL CODE 1899 - SECT 17
Former conviction or acquittal17 Former conviction or acquittal
It is a defence to a charge of any offence to show that the accused person has already been tried, and convicted or acquitted upon an indictment on which the person might have been convicted of the offence with which the person is charged, or has already been acquitted upon indictment, or has already been convicted, of an offence of which the person might be convicted upon the indictment or complaint on which the person is charged.
Example—This section does not apply to the charge mentioned in section 678B (Court may order retrial for murder—fresh and compelling evidence) or 678C (Court may order retrial for 25 year offence—tainted acquittal).