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The allegation of the Crown in the
subsequent proceeding must itself
be inconsistent with the acquittal
of the prisoner in the previous
proceeding. But if such a
condition of affairs arises I see no
reason why the ordinary rules of
issue-estoppel should not apply....
Issue-estoppel is concerned with
the judicial establishment of a
proposition of law or fact between
parties. It depends upon well-
known doctrines which control
the relitigation of issues which
are settled by prior litigation.”
The emphasis here again would be seen to be
on the determination of criminal liability. In
Marz v. Queen, 96 CLR 62, the High Court of
Australia said:
