Section 166
Trial for more than one offence
(1)
A person may be charged with and tried at one trial on any number of charges which are founded on the same facts or form or are a part of a series of offences of the same or a similar character.
(2)
If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with and tried at one trial for each of such offences.
(3)
If several acts, of which one or more than one would by itself or themselves constitute an offence, when combined, constitute a different offence, the person accused of them may be charged with and tried at one trial for the offence constituted by such acts when combined, or for any offence constituted by any one or more of such acts.
(4)
Nothing contained in this section shall affect section 7 1 of the
Penal Code (Chapter 22).
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Criminal Procedure Code
Illustrations
To subsection (1) -
(a)
A rescues B, a person in lawful custody, and in doing so causes grievous hurt to C, a Constable in whose custody B was. A may be charged with and tried for offences under sections 225 and 333 of the Penal Code (Chapter 22).
(b)
A has in his possession several seals, knowing them to be counterfeit, and intending to use them for the purpose of committing several forgeries punishable under section 466 of the Penal Code (Chapter 22). A may be separately charged with and convicted for the possession of each seal under section 473 of the Penal Code (Chapter 22).
(c)
With intent to cause injury to B, A institutes a criminal proceeding against him, knowing that there is no just or lawful ground for such proceeding; and also falsely accuses
B of having committed an offence, knowing that there is no just or lawful ground for such charge. A may be separately charged with and convicted of two offences under section 2 1 1
of the Penal Code (Chapter 22).
(d)
A, with intent to cause injury to B, falsely accuses him of having committed an offence, knowing that there is no just or lawful ground for such charge. On the trial, A gives false evidence against B, intending thereby to cause B to be convicted of a capital offence.
A may be separately charged with and convicted of a capital offence. A may be separately charged with and convicted of offences under sections 21 1 and 194 of the Penal Code
(Chapter 22).
(e)
A with six others, commits the offences of rioting, grievous hurt and assaulting a public servant endeavouring, in the discharge of his duty as such to suppress the riot. A may be separately charged with and convicted of offences under sections 145, 325 and 152 of the Penal Code (Chapter 22).
Cfl
A threatens B, C and D at the same time with injury to their persons, with intent to cause alarm to them. A may be separately charged with and convicted of each of the three offences under section 506 of the Penal Code (Chapter 22).
The separate charges referred to in illustrations (a) to Cfl respectively may be tried at the same time.
To subsection (2) -
(d A wrongfully strikes B with a cane. A may be separately charged with and convicted of offences under sections 352 and 323 of the Penal Code (Chapter 22).
(7z)
Several stolen sacks of corn are made over to A and B, who know they are stolen property, for the purpose of concealing them. A and B thereupon voluntarily assist each other to conceal the sacks at the bottom of a grain pit. A and B may be separately charged with and convicted of offences under sections 41 1 and 414 of the Penal Code (Chapter 22).
(i)
A exposes her child with the knowledge that she is thereby likely to cause her death. The child dies in consequence of such exposure. A may be separately charged with and convicted of offences under sections 3 17 and 304 of the Penal Code (Chapter 22).
6)
A dishonestly uses a forged document as genuine evidence, in order to convict B, a public servant, of an offence under section 167 of the Penal Code (Chapter 22). A may be
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a separately charged with and convicted of offences under sections 471 (read with 466) and 196 of the Penal Code (Chapter 22).
To subsection (3) -
(k)
A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be separately charged with and convicted of offences under sections 323, 392 and 394 of the
Penal Code (Chapter 22).
Where it is doubtful what offence has been committed a