R v Beedie [1997] EWCA Crim 714, [1998] QB 356 – Ss 3(2) and 33 HSWA.
- double jeopardy – abuse of process.
1) narrow principle of autrefois only applied to same offence in both fact and law.
2) wider (Connelly) principle - that no one should be punished twice for offence arising out of same, or substantially same, facts.
– but court had discretion to allow second trial in such cases.
3) second wider (Elrington) principle - that no one prosecuted for minor offence be charged again, on same facts, in more aggravated form.
4) discretion to allow second trial of someone on substantially same facts applied only in “special circumstances”.
- burden to establish special circumstances was on P.
- neither public interest in prosecution for manslaughter nor concerns of victim’s family, constituted “special circumstances”.
undefined: unpaid