Raising the pleas in bar against a retrial for the same criminal offence

The practical effect of the common law principle against double jeopardy is the proscription against retrials for the same criminal offence following an acquittal or conviction.2 Pleading double jeopardy3 is not to be equated with a defence to a criminal charge, the former operating to prevent the second prosecution from proceeding ab initio, the latter being a mitigating factor against the accused’s criminal liability which the trial court may take into consideration when imposing sentence.