123. If, within twelve months following the date when a first offence has been committed, the offender is guilty of a second offence, after the prosecution for the first offence has been served upon him, or after a seizure has been taken against him by reason of such first offence, such new offence shall constitute a second offence within the meaning of this Act, and the court seized thereof must punish it as such, provided there was a conviction for the first offence.
On the other hand if, within twelve months following the date when an offence other than a first offence has been committed, the offender is guilty of a new offence, in the same circumstances as those referred to in the first paragraph, such new offence shall constitute a subsequent offence within the meaning of this act and the court seized thereof must punish it as such, provided there was a conviction for the previous offence.
An offence shall be regarded as a first offence within the meaning of this act when the offender was not convicted of any offence committed within twelve months before such offence was committed.
For an offence to be regarded as a second or subsequent offence, it need not be a violation of the same provision as was violated by the previous offence.
The court before which any proceeding is instituted for any offence under this act must ascertain if the offence is a first, second or subsequent offence and, if it be found that the complaint is not according to the facts in that respect, it must order it to be amended accordingly, and render judgment on the complaint so amended.
The production of a previous judgment condemning the accused is a presumption that the offence of which he is accused is a second or subsequent offence if the name of the accused and the number of his permit are those shown on that previous judgment.
1971, c. 19, s. 127; 1974, c. 14, s. 76.