Saturday 31 January 2009

ne bis in idem

Wikipeadia says "Double jeopardy (ne bis in idem) is a procedural defense(sic) (and, in many countries such as the United States, Canada, Mexico and India, a constitutional right) that forbids a defendant from being tried twice for the same crime on the same set of facts"...

Luckily, the driver of this car, X5SNN, is almost certainly aware of this defence and would be able to argue that, although parking all day on Double Yellow Lines may constitute an offence, parking at the same time on an area of Hatched White Lines (which should not be entered unless absolutely necessary) is a separate offence.
This is, therefore, not committing the same offence twice, or being tried for a single offence twice, but committing two offences simultaneously. 
Which saves time, obviously.

1 comment:

Chris Hutt said...

Unless you consider it "absolutely necessary" to enter the Hatched White Lines in order to park on the Double Yellow Lines, in which case it would be just the one offense, hardly worth bothering with.

And isn't 'defense' correctly spelt (before Dona spots it)?