The double jeopardy principles apply with full force to prosecution applications for permission to appeal against acquittals by a superior court judge sitting alone under s 352(1)(ab)(i) of the Criminal Law Consolidation Act 1935 (SA), and an acquittal by a superior court should, except in exceptional circumstances, be final. Where a trial judge's reasoning process on specific intent has been completed and is supported by the evidence, an unfortunate choice of expression in a summary paragraph does not constitute a material error warranting permission to appeal. The reference procedure under ss 350-351A is identified as a preferable alternative where the prosecution's concern is with a question of law rather than the verdict itself.
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