The sounds terrible.
But it really isn't.
It's a result, usually, of two charges being laid for roughly the same conduct. So some is charged with impaired driving and driving 'over 80'. Both charges are proper and the police are right to lay them. But only one conviction is proper.
So, if the accused chooses to plead guilty (which is what normally happens), only one charge is pleaded to and the other one is ... withdrawn. Hence, for this one accused 50% of charges were withdrawn.
All that said, sometimes there is 'over charging' where multiple charges are laid for no sensible reason. That's bad practice but not really relevant in the big picture.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
2 comments:
That said there can also be "undercharging" in some instances as well. I'm well acquainted with instances where, say, someone is charged with armed robbery, assualt and possession of an illegal firearm. While one could argue adding a larceny charge or unlawful confinement charge would be redundant to these the fact that someone a) committed a robbery using a weapon, b) committed some form of assualt or harm in the commission of that robbery, and c) that the weapon in question was not lawfully obtained are in fact seperate, distinct offences. Too often however I've heard of instances where all but one of these charges (let's say the robbery) are dropped as being part and parcel of the commission of that act. I think when we look at the charges dropped in Ontario we should look closely and be careful to distinguish the redundant from those dropped in the expediency of a plea.
Don't forget they will also charge the guy with "wearing a disguise" while committing said crime. A redundant and hilarious charge if there ever was one. Morton is right about over charging. Why don't they charge the guy with wearing shoes while committing a crime. Or my favorite. People who think people should be charged with traffic offences while running from the police. In the States police even try to charge the guy who was running with the death of some pedestrian that the police run over while chasing him!
Post a Comment