section 591(2)

INTRODUCTION AND BRIEF DESCRIPTION

Multiple counts in an indictment can be treated as separate indictments.

SECTION WORDING

591(2) Where there is more than one count in an indictment, each count may be treated as a separate indictment.

EXPLANATION

Section 591(2) of the Criminal Code of Canada allows for each count in an indictment to be treated as a separate indictment. An indictment is a formal written accusation charging one or more persons with an offense, and it must include a statement of the offense with which the accused is charged, as well as the particulars of the charge. In cases where there are multiple counts in an indictment, it can be difficult or complex to address each charge, as each count may require a separate trial or different evidence. This provision allows the prosecutor and the court to treat each count as an independent charge. Therefore, even if the accused is found not guilty of one count, they can still be convicted of another count if the evidence supports it. Additionally, in cases where multiple charges are made against an accused person, pursuing each count as a separate indictment can simplify the legal process and provide greater clarity and focus in the cases against the accused. Overall, Section 591(2) of the Criminal Code of Canada provides greater flexibility and efficiency in the prosecution of complex criminal cases with multiple charges, while ensuring that the accused is not unfairly prejudiced by the joinder of multiple offenses in a single indictment.

COMMENTARY

Section 591(2) of the Criminal Code of Canada is an important provision that allows flexibility in the prosecution of criminal cases involving multiple counts in a single indictment. Essentially, this provision allows each count to be treated as a separate indictment for the purpose of trial and sentencing. The main reason why this provision is necessary is that it allows the prosecution to pursue justice efficiently and effectively. When multiple criminal charges are laid against an accused, it is often more practical to have them all heard at once, rather than trying each one separately. This not only saves time and resources, but also ensures that the guilty are brought to justice more quickly. Additionally, treating each count as a separate indictment ensures that the accused is aware of the specific charges against them and can properly prepare a defense. This is important as it ensures fairness and due process, as the accused is entitled to know the full nature of the case against them and respond accordingly. Furthermore, section 591(2) is important as it allows judges to tailor their sentences based on the specific offenses committed. For instance, if an accused is found guilty of multiple counts related to the same crime, but with different levels of severity, a judge can sentence them differently for each count. This ensures that the punishment fits the crime and that justice is served appropriately. Overall, section 591(2) of the Criminal Code of Canada is an important provision that allows for efficiency, fairness, and appropriate sentencing in cases involving multiple counts. Its flexibility allows for the prosecution and justice system to adapt to the unique circumstances of each case and ensure that the guilty are held accountable for their actions.

STRATEGY

Section 591(2) of the Criminal Code of Canada allows each count in an indictment to be treated as a separate indictment. This provision offers strategic opportunities for both the prosecution and the defense. In this essay, we discuss some strategic considerations when dealing with this section of the Criminal Code of Canada and the strategies that could be employed. Strategic considerations for the prosecution For the prosecution, treating each count in an indictment as a separate indictment can be advantageous for several reasons. First, it allows the prosecutor to concentrate on the strongest case first. For instance, if the indictment contains three counts, and one of the counts has stronger evidence than the other two, the prosecutor can proceed with that count first, thereby increasing the chances of a conviction. Second, it can be a tactical move to obtain a conviction on at least one count. Even if the other counts do not result in a conviction, the prosecution has something to show for its efforts, thereby avoiding the perception of a complete failure. Third, if the evidence of the accused's guilt varies from count-to-count, it may be strategic to separate the charges, so that the judge and jury deal with each count independently. This can avoid confusion and promote clarity, which can make arguments for and against conviction much more persuasive. Strategies for the prosecution may include filing several indictments with fewer charges individually. For instance, if there are 12 charges, rather than proceed on all 12 charges in a single indictment, the prosecutor may choose to file three indictments with four charges in each. This approach allows the prosecutor to push the case forward incrementally, and to focus the attention on the specific charges, allowing the results of one case to inform the others. Strategic considerations for the defense For the defense, there are several strategic considerations when dealing with section 591(2). First, it allows the defense to prepare arguments focused on one or more charges specifically. This can aid in identifying weaknesses in the prosecution's case, and allow the defense to mount a targeted and tailored defense. Second, if the prosecution stratifies the charges into several indictments, the defense can use this to ensure that they have the necessary resources to prepare their defense. For example, if the prosecution files three indictments with four charges each, the defense may choose to focus on just one of the indictments and marshal their resources to prepare exhaustively for that case. Third, treating each count in an indictment as a separate indictment can give the accused the opportunity to engage in plea-bargaining. If the accused is willing to plead guilty to one of the charges, for instance, the prosecutor may agree to drop one or more of the others. Strategies for the defense may include seeking a ruling that the prosecution must proceed on all counts in the first trial, or alternatively negotiating with the prosecution to reduce the number of charges faced by the accused through plea bargaining. Conclusion In conclusion, section 591(2) of the Criminal Code of Canada allows each count in an indictment to be treated as a separate indictment. Both prosecution and defense may find strategic advantage in using this provision. Prosecutors may employ the provision to strategize the order of charges, build strong cases and push the case through incrementally, while the accused can utilize this provision to target a tailored defense or plea bargaining. Regardless of which strategy undertaken by the prosecution and defense, section 591(2) of the Criminal Code of Canada is a crucial tool in the Canadian criminal justice system that must reflect the principles of justice and fairness.