Criminal Procedure Code 2010 - Singapore Statutes Online

Person once convicted or acquitted not to be tried again for offence on same facts

244.—(1) A person who has been tried by a court of competent jurisdiction for an offence and has been convicted or acquitted of that offence shall not be liable, while the conviction or acquittal remains in force, to be tried again for the same offence nor on the same facts for any other offence for which a different charge might have been made under section 138 or for which the person might have been convicted under section 139 or 140.

(2) A person acquitted or convicted of any offence may afterwards be tried for any distinct offence for which a separate charge might have been made against the person in the former trial under section 134.

(3) A person convicted of any offence constituted by any act causing consequences that together with that act amount to a different offence from that of which the person was convicted may afterwards be tried for that different offence if the consequences had not happened or were not known to the court to have happened at the time when the person was convicted.

(4) A person acquitted or convicted of any offence constituted by certain acts may, despite the acquittal or conviction, be charged later with and tried for any other offence constituted by the same acts which the person may have committed if the court that first tried the person was not competent to try the offence with which the person is subsequently charged.

Explanation — The dismissal of a complaint or the discharge of the accused is not an acquittal for the purposes of this section.

Illustrations

(a)	A is tried on a charge of theft as a servant and acquitted. While the acquittal remains in force, A cannot afterwards be charged on the same facts with theft as a servant or with theft simply or with criminal breach of trust.

(b)	A is tried on a charge of murder and acquitted. There is no charge of robbery; but it appears from the facts that A committed robbery at the time when the murder was committed. A may afterwards be charged with and tried for robbery.

(c)	A is tried for causing grievous hurt and convicted. Afterwards, the person injured dies of his or her injuries. A may be tried again for culpable homicide.

(d)	A is tried and convicted of the culpable homicide of B. A may not afterwards be tried on the same facts for the murder of B.

(e)	A is charged with and convicted of voluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts unless the case comes within subsection (3).

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