46 Previous conviction

(1)

If a plea of previous conviction is entered in relation to a charge, the court must dismiss the charge under section 147 if the court is satisfied that the defendant has been convicted of—

(a)

the same offence as the offence currently charged, arising from the same facts; or

(b)

any other offence arising from those facts.

(2)

Subsection (1) does not apply if—

(a)

the defendant was convicted of an offence and is currently charged with a more serious offence arising from the same facts; and

(b)

the court is satisfied that the evidence of the more serious offence was not readily available at the time the charging document for the previous offence was filed.

Compare: 1961 No 43 s 358(1)