APRIL 14 — The law and procedure on charges are set out in Chapter XVIII of the Criminal Procedure Code (CPC). Section 163 provides, in the first limb, that for every distinct...
APRIL 14 — The law and procedure on charges are set out in Chapter XVIII of the Criminal Procedure Code . Section 163 provides, in the first limb, that for every distinct offence there shall be a separate charge.
Hence, the rule is often termed as the rule against duplicity, which is a prohibition against introducing more than one offence in a single charge.• that the accused will not be bewildered in his defence by having to meet charges which have no connection with one another;• that the court will not be prejudiced against the accused by making it possible for the prosecution to adduce a mass of evidence at the trial relating to various extraneous matters.
The accused was convicted on the charge. On appeal, the judge ruled that the single charge against the accused contained two distinct and separate offences under the section — that is, the accused drove “carelessly” and “without reasonable regard”.“It seems to me an elementary principle of criminal law that an accused person must know exactly what is the charge which he is called upon to answer; and still more so, that he should know of what offence he has been convicted.
There were four distinct offences under the section: driving recklessly; driving negligently; driving at a speed which is dangerous to the public; and driving in a manner which is dangerous to the public. Under current legislation, two distinct offences can also be found in Section 41 of the Road Transport Act 1987 , among others.[2010] was charged with the offence of “reckless and dangerous driving” which had caused the death of the victim.
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