A decision not to require the prosecution to elect on a duplicity objection is reviewed on a correctness standard, not as an exercise of discretion under House v The King. The rule against duplicity applies with equal force in the Magistrates' Court as on indictment. The question of duplicity is not resolved solely by asking whether the defendant was treated unfairly; the orderly administration of justice is an independent consideration. Multiple acts of sexual indecency occurring over several hours in different locations within the same premises and car journey may constitute a single criminal transaction for the purposes of the duplicity rule.
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