Commentary on Sections Part 9: Prosecution Appeals Section 60: Continuation of proceedings for offences not affected by ruling
282.This provision deals with cases where the trial involves more than one offence but the appeal does not apply to all of those offences. Subsection (2) enables proceedings to continue in relation to any offence to which the appeal does not apply. A ruling may affect several offences and several defendants, but the prosecutor may only wish to appeal against the ruling insofar as it affects one or more of those offences or defendants. This section enables proceedings to continue, at the discretion of the trial judge, against any offences affected by the ruling but not by the appeal.