R v Dwyer [2012] EWCA Crim 10 – S 5 MDA.
1) autrefois applies only when second indictment charges same offence as the first.
2) save in special or exceptional circumstances, P should not bring second proceedings arising out of “same or substantially the same facts” or “same incident” as first proceedings after first proceedings “concluded”.
- words “same or substantially the same facts” and “same incident” refer to relevant state of affairs as they existed to knowledge of P at date proceedings concluded (not when guilt established).
undefined: unpaid