Does a judge have to charge the jury about included offences?
Ontario, Canada
The following excerpt is from R. v. Romano, 2017 ONCA 837 (CanLII):
It is generally necessary for a trial judge to charge the jury about included offences: see Smith v. The Queen, 1978 CanLII 161 (SCC), [1979] 1 S.C.R. 215. This is because a person charged with an offence that includes another offence is effectively put on notice that they are alleged to have committed both offences, and are technically charged with both offences.
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