s 16 Criminal Code: The Rule Against Multiple Punishments
'A person cannot be twice punished either under the provisions of this Code or under the provisions of any other law for the same act or omission EXCEPT in the case where the act or omission is such that by means thereof the person causes the death of another person, in which case the person may be convicted of the offence of which the person is guilty by reason of causing such death, notwithstanding that the person has already been convicted of some other offence constituted by the act or omission.'
* Prevents double punishments for same 'act or omission' but not double convictions
- Applies even where offences are not linked by alternative verdict rules e.g. Stealing and UTAG
* 'Act or omission' includes circumstances as well as conduct (R v Tricklebank (1993) 69 A Crim R 351) - eg. drink driving and dangerous driving are NOT the same act
* What is punishment? See R v NG [2007] 1 Qd R 37 - 'The exclusion from the school was not punishment for an act or omission...It may be that the appellant feels he has been punished, but in truth the treatment accorded him was not punishment; rather, it bore the character of a regulatory direction by the educational authority directed at least primarily to the maintenance of good government within that particular school.'
* Exception for homicide offences
* Remedies: Stay, on sentence...convicted but not further punished.
* Prevents double punishments for same 'act or omission' but not double convictions
- Applies even where offences are not linked by alternative verdict rules e.g. Stealing and UTAG
* 'Act or omission' includes circumstances as well as conduct (R v Tricklebank (1993) 69 A Crim R 351) - eg. drink driving and dangerous driving are NOT the same act
* What is punishment? See R v NG [2007] 1 Qd R 37 - 'The exclusion from the school was not punishment for an act or omission...It may be that the appellant feels he has been punished, but in truth the treatment accorded him was not punishment; rather, it bore the character of a regulatory direction by the educational authority directed at least primarily to the maintenance of good government within that particular school.'
* Exception for homicide offences
* Remedies: Stay, on sentence...convicted but not further punished.