AIBE question and official answer

AIBE III 2012 Question 42

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Question 42 of 100 AIBE III 2012 Set Common

A is charged with murder. At his trial, the Judge considers that there is not sufficient evidence against A, including a lack of evidence that A was even at the scene, and delivers a verdict of acquittal. The police are frustrated by this and conduct further searches and testing at the scene. They are able to recover some finger prints, which they say match those of A. Can A be tried again for murder?

  1. A Yes, A can be tried again, because of the discovery of new evidence:
  2. B No, A cannot be tried again, because that would amount, to trying A again for the same offence: Official answer
  3. C No, A cannot be tried again, but A can be tried for culpable homicide because of the new evidence.
  4. D Yes, A can be tried again, but only if the police or prosecution first have the initial acquittal quashed.
  5. E No, A cannot be tried again, but once the acquittal is quashed, A can be tried for culpable homicide.

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