If the police have the evidence, yes. There are plenty of victimless crimes.

Thank you. I have another question. A civil matter, settled by consent, now is in the criminal jurisdiction. Is there an argument for double jeopardy?

No, that only applies if a criminal trial is held and the crown then tries to get another conviction of that person for the same offence using the same evidence.

Again, I thank you. The evidence being used in the criminal matter is exactly the same as in the civil case. The police have attached a sworn affidavit to each witness's statements given in the civil proceedings over 5 years ago are correct. Given that exactly the same evidence has been used as before, would that support an argument for double jeopardy? Is double jeopardy only applicable in criminal matters, and not civil to criminal?

No, it is not double jeopardy, the original case was a civil case, double jeopardy only applies to criminal cases.

The doctrine of double jeopardy refers to ensuring a person is not punished twice for the same offence. Punishment does not apply to civil cases. Damages may be awarded as a remedy, but that does not constitute a punishment, it only repays the injured party for losses sustained.

Thank you once again. The proceedings are now entering the 14th year, having been settled previously in the Supreme Court in 2009, as a Civil matter. I believe there may be a case for malicious prosecution. There have been parties "injured" in this. Financially and emotionally. It has caused inability to work through Post Traumatic Stress, resulting in loss of property and business, and a breakdown in marriage. So, while it doesn't exactly fit the doctrine of Double Jeopardy as defined, "punishment" has occurred. Is it possible to commence legal proceedings for malicious prosecution, if Double Jeopardy cannot be argued?

I don't know, if you wish to pursue this you will need a good criminal lawyer working for you, the suit may be expensive, get a quote.

I understand your reluctance not to reveal the details but if you would like to give a few details about what actually happened initially, who sued you in the civil case, and a summary of the details of the court case together with the details of the charges preferred against you for this case. Someone may be able to give you some pointers.

In the civil case, a liquidator. The company went into liquidation in the early 2000s. Statement of claim, then in civil court. Now charges of theft in criminal court.

OK, I understand.

As stated, if you wish to defend this you need a good criminal lawyer working for you.