Is a plea of autrefois acquit sufficient to support an Autrefois Acquittal?
British Columbia, Canada
The following excerpt is from R. v. Watts, 1999 BCCA 268 (CanLII):
But some cases such as R v. Moore [1988] 41 C.C.C. (3d) 289 (S.C.C.) suggests that acquittals in these circumstances may not be sufficient to support a plea of autrefois acquit. A great mischief could result from the narrow technical approach urged upon us by respondent's counsel because if he is right, an accused convicted in such circumstances would equally have no right at appeal and would be left to discretionary prerogative remedies.
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