ABSTRACT
In Haynes v Davis [1915] 1 KB 332, Lush J, in his dissenting judgment, sought to define what being ‘in jeopardy’ meant. This was in relation to a plea of autrefois acquit but the principle is of general application. A defendant would be in jeopardy if: (a) the court was competent to try the defendant for the offence; (b) the trial was on a valid indictment (or charge); and (c) (in relation to acquittals) the acquittal was on the merits. The latter point meant that the acquittal must not be on some technical ground indicative of the fact that an ensuing trial would have been a nullity. There must have been a proper adjudication.
