Is Section 654 of the California Criminal Code applicable where one act has two results each of which is an act of violence against the person of a separate individual?

California, United States of America


The following excerpt is from People v. Virag, B216444, (Los Angeles County Super. Ct. No. VA104708) (Cal. App. 2011):

p. 1088.) As our high court explained in Neal v. State of California (1960) 55 Cal.2d 11, 20-21: "The purpose of [section 654's] protection against multiple punishment is to insure that the defendant's punishment will be commensurate with his criminal liability. A defendant who commits an act of violence with the intent to harm more than one person or by a means likely to cause harm to several persons is more culpable than a defendant who harms only one person. For example, a defendant who chooses a means of murder that places a planeload of passengers in danger, or results in injury to many persons, is properly subject to greater punishment than a defendant who chooses a means that harms only a single person. This distinction between an act of violence against the person that violates more than one statute and such an act that harms more than one person is well settled. Section 654 is not '... applicable where... one act has two results each of which is an act of violence against the person of a separate individual.' [Citations.]"3

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