Where an earlier acquittal is explicable on more than one basis, the prosecution at a subsequent trial cannot put a case that may controvert the acquittal on either possible basis; it is not necessary for the accused to demonstrate which basis the jury in fact adopted. At a retrial following a quashed conviction, the jury must be directed not merely that the Crown does not need to prove certain matters, but that the jury is forbidden from making findings that would controvert the earlier acquittal. A direction that the Crown 'does not have to prove' a murderous intent is insufficient; the jury must be told it 'cannot find' such intent.
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