Principle of ‘autrefois convict’ or ‘double jeopardy’

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..... shed rule of the common law of England 'that where a person has been convicted of an offence by a Court of competent jurisdiction the conviction is a bar to all further criminal proceedings for the same offence'. (Per Charles, J. in Reg v. Miles). To the same effect is the ancient maxim 'Nemo bis debet puniri pro uno delicto', that is to say that no one ought to be twice punished fo .....

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..... ing the one are sufficient to justify a conviction of the other, not that the facts relied on by the Crown are the same in the two trials. A plea of 'autrefois acquit' is not proved unless it is shown that the verdict of acquittal of the previous charge necessarily involves an acquittal of the latter.' (Vide Halsbury's Laws of England, Hailsham Edition, Vol. 9, pp. 152 and .....

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..... 6, or for which he might have been convicted under section 237'." The Court then referred to the provisions of the Sea Customs Act, 1878 and held : "We are of the opinion that the Sea Customs authorities are not a judicial Tribunal and the adjudging of confiscation, increased rate of duty or penalty under the provisions of the Sea Customs Act do not constitute a judgment or order of a Court or .....

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