One violation two charges

Post Reply
Curtisloew
Newbie
Newbie
Posts: 14
Joined: Wed Sep 07, 2011 3:36 pm

One violation two charges

by: Curtisloew on
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.
Top


Stanton
High Authority
High Authority
Posts: 2111
Joined: Tue Feb 01, 2011 8:49 pm
Location: Ontario

by: Stanton on
Mon Oct 08, 2012 7:01 am

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: Fri Apr 30, 2010 10:20 am
Contact:
Contact Simon Borys

by: Simon Borys on
Mon Nov 12, 2012 8:03 pm

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
  • Similar Topics

Return to “Prohibited turns”

Who is online

Users browsing this forum: No registered users and 1 guest