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No retrial for successful appellant where custodial element of sentence had been served in full

By: Mark Tottenham BL

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Supreme Court, in a supplemental judgment, refuses to order a retrial in respect of a person whose conviction for corruption in public office had been quashed on appeal, on the grounds that he had served the full custodial element of the sentence imposed on him, and he was entitled to feel that any debt to society arising from his actions had already been paid, and that he could attempt to rebuild his life without further engagement with the criminal courts.

O'Malley J (nem diss): Supplemental judgment - quashing of convictions for corruption in public office - whether to order a retrial - incorrect direction given to jury by trial judge - completion of custodial portion of sentence prior to appeal - discretion on appellate court as to whether to order a re-trial.

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