sec.43Matter of complaint

### sec.43 Matter of complaint Every complaint shall be for 1 matter only, and not for 2 or more matters, except— in the case of indictable offences—if the matters of complaint are such that they may be charged in 1 indictment; or in cases other than cases of indictable offences—if the matters of complaint— are alleged to be constituted by the same act or omission on the part of the defendant; or are alleged to be constituted by a series of acts done or omitted to be done in the prosecution of a single purpose; or are founded on substantially the same facts; or are, or form part of, a series of offences or matters of complaint of the same or a similar character; or when otherwise expressly provided. When 2 or more matters of complaint are joined in the 1 complaint each matter of complaint shall be set out in a separate paragraph. At the hearing of a complaint in which 2 or more matters of complaint have been joined but which does not comply with the provisions of this section— if an objection is taken to the complaint on the ground of such noncompliance—the court shall require the complainant to choose 1 matter of complaint on which to proceed at that hearing; or if no such objection is taken to the complaint—the court may proceed with the hearing and may determine the matters of complaint, and may convict or acquit the defendant in accordance with such determination. If, at the hearing of a complaint, it appears to the court that a defendant may be prejudiced or embarrassed in the defendant’s defence because the complaint contains more than 1 matter of complaint or that for any other reason it is desirable that 1 or more matters of complaint should be heard separately, the court may order that such 1 or more matters of complaint be heard separately. s 43 sub 1964 No. 32 s 21 amd 2010 No. 42 s 120 sch (sec.43-ssec.1) Every complaint shall be for 1 matter only, and not for 2 or more matters, except— in the case of indictable offences—if the matters of complaint are such that they may be charged in 1 indictment; or in cases other than cases of indictable offences—if the matters of complaint— are alleged to be constituted by the same act or omission on the part of the defendant; or are alleged to be constituted by a series of acts done or omitted to be done in the prosecution of a single purpose; or are founded on substantially the same facts; or are, or form part of, a series of offences or matters of complaint of the same or a similar character; or when otherwise expressly provided. (sec.43-ssec.2) When 2 or more matters of complaint are joined in the 1 complaint each matter of complaint shall be set out in a separate paragraph. (sec.43-ssec.3) At the hearing of a complaint in which 2 or more matters of complaint have been joined but which does not comply with the provisions of this section— if an objection is taken to the complaint on the ground of such noncompliance—the court shall require the complainant to choose 1 matter of complaint on which to proceed at that hearing; or if no such objection is taken to the complaint—the court may proceed with the hearing and may determine the matters of complaint, and may convict or acquit the defendant in accordance with such determination. (sec.43-ssec.4) If, at the hearing of a complaint, it appears to the court that a defendant may be prejudiced or embarrassed in the defendant’s defence because the complaint contains more than 1 matter of complaint or that for any other reason it is desirable that 1 or more matters of complaint should be heard separately, the court may order that such 1 or more matters of complaint be heard separately. - (a) in the case of indictable offences—if the matters of complaint are such that they may be charged in 1 indictment; or - (b) in cases other than cases of indictable offences—if the matters of complaint— (i) are alleged to be constituted by the same act or omission on the part of the defendant; or (ii) are alleged to be constituted by a series of acts done or omitted to be done in the prosecution of a single purpose; or (iii) are founded on substantially the same facts; or (iv) are, or form part of, a series of offences or matters of complaint of the same or a similar character; or - (i) are alleged to be constituted by the same act or omission on the part of the defendant; or - (ii) are alleged to be constituted by a series of acts done or omitted to be done in the prosecution of a single purpose; or - (iii) are founded on substantially the same facts; or - (iv) are, or form part of, a series of offences or matters of complaint of the same or a similar character; or - (c) when otherwise expressly provided. - (i) are alleged to be constituted by the same act or omission on the part of the defendant; or - (ii) are alleged to be constituted by a series of acts done or omitted to be done in the prosecution of a single purpose; or - (iii) are founded on substantially the same facts; or - (iv) are, or form part of, a series of offences or matters of complaint of the same or a similar character; or - (a) if an objection is taken to the complaint on the ground of such noncompliance—the court shall require the complainant to choose 1 matter of complaint on which to proceed at that hearing; or - (b) if no such objection is taken to the complaint—the court may proceed with the hearing and may determine the matters of complaint, and may convict or acquit the defendant in accordance with such determination.