Criminal Code of Canada - section 12 - Offence punishable under more than one Act

section 12

INTRODUCTION AND BRIEF DESCRIPTION

A person can only be punished once for an act or omission that is considered an offence under multiple Acts of Parliament.

SECTION WORDING

12. Where an act or omission is an offence under more than one Act of Parliament, whether punishable by indictment or on summary conviction, a person who does the act or makes the omission is, unless a contrary intention appears, subject to proceedings under any of those Acts, but is not liable to be punished more than once for the same offence.

EXPLANATION

Section 12 of the Criminal Code of Canada is an important provision designed to protect individuals from multiple punishments for the same offence. Essentially, if an act or omission is considered an offence under multiple Acts of Parliament, an individual who committed the act or made the omission may only be convicted and punished once. This is important because it ensures that individuals are protected from the potential for double jeopardy - being tried or punished twice for the same offence. It also helps to ensure that the legal system operates fairly and does not subject individuals to excessive punishments. For example, if an individual is caught driving under the influence of alcohol, they may face charges under both the Criminal Code of Canada and provincial traffic laws. However, under section 12 of the Criminal Code, they can only be convicted and punished once - even if they are found guilty of both offences. Of course, this provision includes certain exceptions. For example, if the specific Acts of Parliament under which an individual is charged have specific provisions that allow for multiple punishments or convictions, those provisions would take precedence over section 12. Overall, section 12 of the Criminal Code of Canada is an important safeguard that helps to ensure fairness and justice in the legal system.

COMMENTARY

Section 12 of the Criminal Code of Canada is a provision that outlines the legal principle of double jeopardy. The section specifies that if an act or omission is an offence under more than one Act of Parliament, a person who commits the act or omission can be prosecuted under any of those Acts, but cannot be punished more than once for the same offence. This section is designed to prevent multiple prosecutions for the same offence and to ensure that a person is not punished more than once for the same act or omission. The principle of double jeopardy is an important safeguard in the Canadian justice system, and it is enshrined in section 11(h) of the Canadian Charter of Rights and Freedoms. This principle provides that no person shall be tried or punished again for the same offence if they have already been tried or punished for it. This means that once a person has been acquitted or convicted of an offence, they cannot be retried or punished for that same offence. Section 12 of the Criminal Code of Canada is consistent with the principle of double jeopardy and ensures that a person who commits an offence that is covered by multiple Acts will not be subjected to multiple prosecutions or punishments. This provision is particularly important in situations where an act or omission can be classified as both a provincial and a federal offence, or where there are overlapping provisions in different legislation. However, section 12 does not provide absolute protection against double jeopardy. There are some exceptions where a person can be prosecuted for the same offence more than once. For example, if a person has been acquitted of a charge but new evidence emerges that shows they are guilty, they can be retried for the offence. Additionally, if a person is convicted of a lesser offence and new evidence emerges that shows they are guilty of a more serious offence, they can be charged and tried for the more serious offence. Overall, section 12 of the Criminal Code of Canada is an important provision that protects individuals from being punished more than once for the same offence. It ensures that the principle of double jeopardy is respected and that justice is served in a fair and reasonable manner. The provision helps to maintain the integrity of the Canadian justice system and ensures that individuals are not unfairly targeted or punished.

STRATEGY

When dealing with Section 12 of the Criminal Code of Canada, there are several strategic considerations that must be taken into account. This section deals with situations where an act or omission is considered an offence under more than one Act of Parliament, and it can be a complex area of law to navigate. Some of the key strategic considerations include: 1. Assessing the potential consequences: One of the most important considerations when dealing with Section 12 is assessing the potential consequences of being charged and convicted under multiple Acts of Parliament. If a person is found guilty of multiple offences, they may face more severe penalties than if they were only charged and convicted of a single offence. It is important to assess the risks and consequences before proceeding with any legal action. 2. Deciding on the appropriate charges: In situations where an act or omission is considered an offence under multiple Acts of Parliament, it is important to carefully consider which charges to proceed with. Depending on the circumstances, it may be more advantageous to proceed with charges under one Act rather than another, or to combine charges under multiple Acts into a single charge. 3. Coordinating with other agencies: When dealing with multiple offences under different Acts of Parliament, it may be necessary to coordinate with other agencies, such as the police, the Crown, or other regulatory bodies. This can help ensure that all relevant information is shared, and that all parties are working towards a common goal. 4. Negotiating plea deals: In some cases, it may be possible to negotiate plea deals that allow a person to be convicted of a single offence rather than multiple offences under different Acts of Parliament. This can help mitigate the potential consequences of being charged and convicted under multiple Acts. 5. Challenging the charges: Finally, it may be possible to challenge the charges under Section 12 of the Criminal Code of Canada. This could involve arguing that the multiple charges are duplicative or that they violate the principle against double jeopardy. It is important to work with an experienced criminal defence lawyer when pursuing this strategy. In terms of strategies that could be employed, some possible options include: - Conducting a thorough analysis of the charges and potential consequences to determine the best course of action. - Coordinating with other agencies to ensure that all relevant information is shared and that everyone is working towards a common goal. - Negotiating plea deals that allow a person to be convicted of a single offence rather than multiple offences under different Acts of Parliament. - Challenging the charges under Section 12 of the Criminal Code of Canada, either by arguing that the charges are duplicative or that they violate the principle against double jeopardy. - Hiring an experienced criminal defence lawyer to help navigate the complexities of this section of the Criminal Code and to develop an effective defence strategy.