Remedial Law, 2019 Bar — Question B.16-b

ESSAY

Mr. W was charged with raping his neighbor’s seventeen (17)-year old daughter, AAA. When he was arraigned, Mr. W expressed his desire to plead “guilty,” provided that his sentence be substantially reduced. Both AAA’s mother and the prosecutor were amenable to the proposal. Consequently, the judge entered a plea of guilty for Mr. W and sentenced him to serve a reduced straight penalty of only ten (10) years of imprisonment, as agreed upon. Assuming that Mr. W was once more charged with the crime of Rape committed against AAA based on the same incident, may Mr. W validly invoke the defense of double jeopardy through a motion to quash and will such motion prosper? Explain.

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