What is the test for determining whether there are two offences, one offence and one offence, under Section 304 of the Criminal Code?
MultiRegion, United States of America
The following excerpt is from United States v. McAuley, 15-404 (2nd Cir. 2015):
offence' and double jeopardy bars additional punishment and successive prosecution." United States v. Dixon, 509 U.S. 688, 696 (1993); Blockburger, 284 U.S. at 304 ("[W]here the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not.").
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