-
- Newbie
- Posts: 14
- Joined: Wed Sep 07, 2011 3:36 pm
One violation two charges
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.
-
- Newbie
- Posts: 14
- Joined: Wed Sep 07, 2011 3:36 pm
- Simon Borys
- VIP
- Posts: 1065
- Joined: Fri Apr 30, 2010 10:20 am
- Contact:
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.Stanton wrote:Just to expand a little, that section of the charter doesn’t prevent you from being charged with the two offences, but it does mean you shouldn’t 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.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.
NOTHING I SAY ON HERE IS LEGAL ADVICE.
-
- Similar Topics
-
-
New post Drive Motor Vehicle No Currently Validated Permit (is it a moving violation?)
by eightfour in General TalkLast post by bend Fri Apr 13, 2018 5:07 pm
-
-
-
New post Unreasonable stunt tow/ impound charges in TO
by iskyhigh5 in Stunt DrivingLast post by bend Wed Jun 29, 2016 5:06 pm
-
-
-
New post Prosecutor didn't read the charges
by mike3000 in Courts and ProcedureLast post by mike3000 Thu Jul 20, 2017 12:27 pm
-
-
-
New post What can I expect for charges of stunt driving
by sammtl in Stunt DrivingLast post by bend Mon Jan 21, 2019 3:54 pm
-
-
-
New post Time limit to lay charges under HTA following an accident
by C_B in General TalkLast post by bend Sat Feb 09, 2019 2:02 pm
-
-
-
New post Please refer the best traffic charges lawyers in Mississauga
by peter00378 in General TalkLast post by peter00378 Wed Oct 12, 2016 11:47 am
-
Who is online
Users browsing this forum: No registered users and 2 guests
Help us, Help You!
Hello, we notice you may be using an adblocker...