One Violation Two Charges
Posted: Fri Oct 05, 2012 8:49 am
Is this permitted by law?
Driver charged with speeding, also charged with disobey a sign (same incident). The sign being the speed limit sign.
Driver was driving on the 401.
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Is this permitted by law?
Driver charged with speeding, also charged with disobey a sign (same incident). The sign being the speed limit sign.
Driver was driving on the 401.
I discovered my own answer......charter 11(h)
Just to expand a little, that section of the charter doesnt prevent you from being charged with the two offences, but it does mean you shouldnt be convicted of both. The most common example in Court that I can think of is impaired drivers, where most are charged with impaired and over 80, but can only be convicted of one of the offences.
Stanton wrote:Just to expand a little, that section of the charter doesnt prevent you from being charged with the two offences, but it does mean you shouldnt be convicted of both. The most common example in Court that I can think of is impaired drivers, where most are charged with impaired and over 80, but can only be convicted of one of the offences.
This is called the rule against multiple convictions or the Kineapple principle. It says you can't be convicted (but nothing says you can't be charged with) 2 offences arising out of the same transaction where the conduct that formed the basis for the first offence is essentially the same conduct relied upon to make out the second offence as well.