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Jo C.
Jo C., Barrister
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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: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.

Thank you. You have satisfied my curiosity.

Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Please remember to rate my answer.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
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