section 609(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines a plea of autrefois acquit or convict, where an accused can avoid multiple convictions for the same offence if all proper amendments have been made.

SECTION WORDING

609(1) Where an issue on a plea of autrefois acquit or autrefois convict to a count is tried and it appears (a) that the matter on which the accused was given in charge on the former trial is the same in whole or in part as that on which it is proposed to give him in charge, and (b) that on the former trial, if all proper amendments had been made that might then have been made, he might have been convicted of all the offences of which he may be convicted on the count to which the plea of autrefois acquit or autrefois convict is pleaded, the judge shall give judgment discharging the accused in respect of that count.

EXPLANATION

Section 609(1) of the Criminal Code of Canada deals with the plea of autrefois acquit or autrefois convict, which means that the accused has been acquitted or convicted of the same offence in a previous trial. This plea can be used by the accused to prevent them from being tried for the same offence again. In order for the plea to be successful, two conditions must be met. Firstly, the matter on which the accused was charged in the previous trial must be the same or similar to the matter on which they are being charged in the current trial. This means that the charges must be based on the same set of facts, or a similar set of facts, involving the accused. Secondly, the accused must be able to show that if all proper amendments had been made in the previous trial, they could have been convicted of all the offences for which they are being charged in the current trial. This means that the charges in the current trial must be based on the same or similar offences as the charges in the previous trial. If both of these conditions are met, then the judge must discharge the accused in respect of the count to which the plea of autrefois acquit or autrefois convict is pleaded. This means that the accused cannot be tried again for the same offence, and the plea serves as a protection against double jeopardy. Overall, section 609(1) of the Criminal Code of Canada serves to protect the rights of the accused and ensure that they are not unfairly punished for the same offence multiple times.

COMMENTARY

Section 609(1) of the Criminal Code of Canada deals with the plea of autrefois acquit or autrefois convict, which is commonly referred to as double jeopardy. The plea protects an accused person from being tried for the same offence twice. If a plea of autrefois acquit or autrefois convict is successful, the accused person is discharged in respect of the count for which the plea was pleaded. This section provides two conditions that must be met for the plea to succeed. The first is that the matter on which the accused person was given in charge on the former trial must be the same in whole or in part as that on which they are proposed to be charged. This means that the accused person cannot be tried for a different offence than the one for which they have already been acquitted or convicted. The second condition is that, on the former trial, if all proper amendments had been made that might then have been made, the accused person might have been convicted of all the offences of which they may be convicted on the count to which the plea of autrefois acquit or autrefois convict is pleaded. One of the main purposes of this section is to prevent the state from harassing an accused person by repeatedly bringing them to trial for the same offence. It also protects the finality of judgments and ensures that the state cannot continue to pursue an accused person after they have already been acquitted or convicted. However, the plea of autrefois acquit or autrefois convict is not absolute. There are certain exceptions and limitations that apply in certain circumstances. For example, the plea does not apply where the two offences are separate and distinct, even if they arise out of the same facts. This means that an accused person can be tried separately for each offence, even if they are connected. Overall, Section 609(1) of the Criminal Code of Canada is an important protection for accused persons. It ensures that they are not subjected to multiple trials for the same offence and protects the finality of judgments. However, it is important to note that there are certain limitations and exceptions that apply in certain circumstances.

STRATEGY

Dealing with Section 609(1) of the Criminal Code of Canada requires strategic considerations by lawyers who want to maximize the benefit of this section for their clients. Lawyers need to weigh their options carefully when deciding whether to use this provision and how to apply it to the case at hand. The following are some of the strategic considerations and strategies that lawyers can use when dealing with Section 609(1): 1. Timing: The timing of filing a plea of autrefois acquit or autrefois convict can impact the outcome of the case. In some instances, filing the plea early on in the proceedings can result in an early resolution of the case, saving clients time and money. However, in other cases, delaying the filing of the plea until after substantial evidence has been presented can result in a stronger case for the defence and increase the likelihood of success. 2. Record-keeping: Lawyers need to maintain detailed records of prior proceedings to identify any potential overlapping evidence or issues. Keeping detailed records will ensure that the defence can establish the necessary criteria for a plea of autrefois acquit or autrefois convict and create a strong case to support the plea in court. 3. Amendments: Lawyers should thoroughly review the record of the prior proceedings to determine if any amendments could have been made that would have led to a conviction on all charges. If there were, then the defence may not be successful in appealing on double jeopardy grounds. 4. Defence strategy: Deciding whether to pursue a plea of autrefois acquit or autrefois convict should always be made with defence strategy in mind. Sometimes pursuing this plea may lead to more negative publicity or harm the client's reputation. Therefore, defence counsel must assess their client's entire situation before pursuing this strategy. 5. Negotiation: Prosecutorial discretion can make a significant difference in a criminal case. Therefore, defence lawyers pursuing a plea of autrefois acquit or autrefois convict must consider negotiation tactics before pursuing this strategy. 6. Evidence: A primary consideration when dealing with Section 609(1) of the Criminal Code is the evidence that the Crown is presenting. It will be beneficial to assess the evidence put forward by the Crown as it may diminish or nullify the chances of getting an acquittal from the judge. Overall, the strategic considerations when dealing with Section 609(1) of the Criminal Code of Canada require attention to detail, understanding of case law, ability to weigh the pros and cons of pursuing the plea, and attention to evidence. Lawyers need to apply strategies that best suit their clients' circumstances and ensure that they have the best chances of achieving a favourable outcome. By carefully proceeding with the trial, lawyers may be able to secure a favourable charge reduction or even a dismissal of the accused.