A criminal prosecution is not an abuse of process merely because a workers compensation tribunal has made findings on related factual issues, where the prosecution is brought by the DPP (a different party from the employer who litigated in the tribunal), the legal questions in each proceeding are different, and the defendant was not exposed to a risk of punishment in the earlier proceedings. The principle of incontrovertibility does not preclude criminal proceedings where the earlier determination involved different parties, different causes of action, and different legal questions.
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