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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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If a person has been found guilty of being an "accessory after

Resolved Question:

If a person has been found guilty of being an "accessory after the fact" and then suspected of being the guilty person. Can he be charged and tried for the more serious crime of GBH or attempted murder ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

I am not in a situation, but very curious. I served as a juror on a trial that is completed. The defendant was accused of caring out a crime of GBH on 4 counts. He was found not guilty. He was charged on the evidence given in a statement by the person who I believe did the crime. The person who I believe did the crime had pleaded guilty and was sentenced for being an accessory after the fact to get a lesser sentence.

My question is does the law allow for the suspect to be charge for the more serious crime ?

Expert:  Jo C. replied 2 years ago.
Well, that is probably right. Sometimes prosecution witnesses do lie. It is quite interesting how witnesses and complainants are generally just next week's defendant.
If you are in the UK we don't have an offence being an accessory before or after the fact. That is American nonsense. I don't even know if they have that offence. We have general inchoate offences though.
If a person has pleaded guilty to another offence at odds with the main offence though then they could argue atre fois convict applies. There is a scope for the principle of double jeopardy to be relaxed but it is fair to say that it only really happens with very serious offences like terrorism or murder unless, of course, the allegation involves trying to kiss somebody one hundred years ago when a huge amount of taxpayer's money can be wasted apparently.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Just so I'm clear on this. Once a suspect has agreed to plead guilty to a lesser offence he can not be charged for a greater offence for the same crime. That would come under Double Jeopardy ?

Expert:  Jo C. replied 2 years ago.
Well, the principle of double jeopardy has been relaxed now to allow trials for the same crime but it is very rarely used and the Crown need to get the permission of the court and show a really good reason like fairly overwhelming fresh evidence.
Customer: replied 2 years ago.

Thank you. You have satisfied my curiosity.

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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