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Decisions of the Superior Courts of New South Wales, 1788-1899

R v Harding and M'Alister [1825] NSWSupC 29

autrefois acquit - double jeopardy

Supreme Court of New South Wales

Forbes C.J., 24 June 1825

Source: Sydney Gazette, 30 June 1825


Thomas Harding and Patrick M'Alister were indicted for having stolen, on the 10th day of November last, at Airds, two bullocks, the property of Dr. Redfern.  The prisoners put in a plea of Former Acquittal, and also a general plea of Not Guilty.  After hearing the evidence of James Murphy, an accomplice, admitted as an approver by the Crown, it appeared to the Court and Jury, that, the subject of the present prosecution was precisely the same as that for which the prisoners were tried and acquitted on the 25th of May last, merely varying the date of the alleged robbery.  His Honor the Chief Justice stated, that if the Jury were of opinion that they were the same animals as those laid in the former indictment, the prisoners were entitled to their acquittal under their plea.  The Jury being of opinion that they were the same animals, the prisoners were discharged.

Published by the Division of Law, Macquarie University