Is a refusal to convict on Count 6 a proper acquittal on that count?
Alberta, Canada
The following excerpt is from R. v. Missel, 1980 ABCA 53 (CanLII):
If the refusal to convict on Count 6 were to be treated as a proper acquittal on that count, then the question of inconsistent verdicts would arise. This principle has in view an acquittal on one charge but a conviction on another charge when essential elements of each charge are common to both. A classic example is Koury v. The Queen 1964 CanLII 2 (SCC), [1964] S.C.R. 212.
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