Criminal Code of Canada - section 607(5) - Statement sufficient

section 607(5)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the requirements for an accused to plead autrefois acquit or autrefois convict.

SECTION WORDING

607(5) Where an accused pleads autrefois acquit or autrefois convict, it is sufficient if he (a) states that he has been lawfully acquitted, convicted or discharged under subsection 730(1), as the case may be, of the offence charged in the count to which the plea relates; and (b) indicates the time and place of the acquittal, conviction or discharge under subsection 730(1).

EXPLANATION

Section 607(5) of the Criminal Code of Canada deals with the legal concept of autrefois acquit or autrefois convict, which essentially means that an accused person cannot be tried for the same offense twice. The purpose of this provision is to ensure that an accused is not subjected to multiple trials for the same crime, which would violate their rights to a fair trial and protection against double jeopardy. Under this section, when an accused person pleads autrefois acquit or autrefois convict, they must provide certain information to the court. Specifically, they must state that they have been legally acquitted or convicted of the offense charged, and provide information about when and where this occurred. This provision is intended to ensure that the court is aware of any prior proceedings involving the accused and can take this information into account in determining the appropriate course of action. For example, if an accused person has already been acquitted of a charge, the court may be more likely to grant a stay of proceedings to prevent them from being tried again. Overall, Section 607(5) is an important provision in the Criminal Code of Canada that helps to protect the rights of accused persons and ensure that they are not subject to multiple trials or other forms of legal harassment for the same offense.

COMMENTARY

Section 607(5) of the Criminal Code of Canada deals with the plea of autrefois acquit or autrefois convict, which essentially means that a person cannot be tried or convicted again for an offence for which they have already been acquitted or convicted. This plea is based on the principle of double jeopardy, which prohibits the government from trying an individual twice for the same offence. The purpose of the section is to provide a clear and concise procedure for an accused person to assert their right to this plea in court. In order to do so, the accused must state that they have been lawfully acquitted or convicted of the offence in question. Additionally, they must indicate the time and place of the previous acquittal or conviction. One of the main benefits of this section is that it helps to prevent the abuse of legal proceedings. It ensures that an accused person cannot be subjected to multiple trials for the same offence, which would be a waste of time, resources, and emotional stress. Moreover, it protects individuals from being punished for the same crime twice, which would be a violation of their fundamental rights. Another benefit of Section 607(5) is that it promotes legal certainty and finality. By allowing an accused person to assert their right to this plea, it provides closure for both the accused and the prosecution. This is essential for the proper functioning of the criminal justice system, as it ensures that disputes are resolved in a timely and efficient manner. However, there are also some potential concerns with this section. One issue is that it may be difficult for an accused person to prove that they have already been acquitted or convicted of an offence. This is especially true if the acquittal or conviction occurred in another jurisdiction or many years ago. As a result, this section may not be equally effective for all defendants. Another potential concern is that the section could be misused by defendants who are trying to avoid prosecution for legitimate charges. For example, a defendant could falsely claim that they have already been acquitted or convicted of an offence in order to avoid a trial. This would be an abuse of the legal system and could lead to the guilty party avoiding punishment. Overall, Section 607(5) of the Criminal Code of Canada provides an important safeguard against double jeopardy and promotes legal certainty. While there may be some potential concerns with the section, these can be addressed through careful implementation and judicial interpretation. As such, it remains an essential component of the Canadian criminal justice system.

STRATEGY

Section 607(5) of the Criminal Code of Canada provides individuals with the opportunity to plead autrefois acquit or autrefois convict in response to charges that have been previously resolved. This section is important because it allows individuals to avoid double jeopardy, which means they cannot be tried for the same crime twice. However, there are strategic considerations that should be taken into account when deciding whether to plead autrefois acquit or autrefois convict, and how to do so. One of the first strategic considerations is whether the evidence supporting the earlier acquittal or conviction can be used in the current case. If the evidence is ambiguous or weak, it may be better to avoid relying on it and instead present new evidence to support the plea. However, if the evidence is strong, it may be beneficial to use it in the current case because it could sway the verdict in the accused's favor. Another strategic consideration is timing. It is important to plead autrefois acquit or autrefois convict as soon as possible, and before the accused is tried or convicted for the same crime. Waiting too long may prevent the accused from making the plea and result in a wasted opportunity. In addition to timing, the location of the plea is also critical. The accused should plead autrefois acquit or autrefois convict at the right time and in the right court. If the accused makes the plea in the wrong court or at the wrong time, they may miss the opportunity to have the charges dismissed. Therefore, it is essential to consult with a lawyer or legal professional to determine the proper timing and court for the plea. Finally, how the plea is presented can also be a strategic consideration. The accused may need to be direct and assertive when making the plea, but being overly aggressive or confrontational can backfire. The accused should strive to present the plea in a respectful and professional manner that exhibits their willingness to cooperate and their respect for the legal system. In conclusion, section 607(5) of the Criminal Code of Canada provides individuals with an opportunity to plead autrefois acquit or autrefois convict. However, it is important to carefully consider the evidence, timing, location, and approach when making this plea. By doing so, the accused can increase their chances of having the charges dismissed, avoid double jeopardy, and protect their rights under Canadian law.