One violation two charges

Post Reply
Curtisloew
Newbie
Newbie
Posts: 14
Joined:

One violation two charges

Unread post by Curtisloew on

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.
Top

Curtisloew
Newbie
Newbie
Posts: 14
Joined:

Unread post by Curtisloew on

I discovered my own answer......charter 11(h)
Top

Stanton
High Authority
High Authority
Posts: 2111
Joined:
Location: Ontario

Unread post by Stanton on

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.
Top

User avatar
Simon Borys
VIP
VIP
Posts: 1065
Joined:
Contact:
Contact Simon Borys

Unread post by Simon Borys on

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.
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.




http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.
Top

Post Reply

Return to “Prohibited turns”