What is the test for pleading not guilty to the less serious charge of sexual assault?
Alberta, Canada
The following excerpt is from R. v. Terlecki, 1983 ABCA 87 (CanLII):
The situation where there are two charges and one is less serious than the other and the accused pleads not guilty to the less serious charge and guilty to the serious charge has been dealt with in The Queen v. Loyer & Blouin (supra). There is no problem if the accused pleads guilty to the more serious charge for, then as stated by the Chief Justice, an acquittal should be entered on the less serious charge.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Are there any allegations of sexual assault, sexual assault or sexual assault against a minor? (Alberta, Canada)
Can a charge under section 222 of the Criminal Code be withdrawn and replaced with a new charge under Section 224, but at trial the charge has been withdrawn? (Alberta, Canada)
What is the test for a defendant to plead not guilty to a charge of deceit or fraudulent misrepresentation? (Alberta, Canada)
What is the test for admitting to a charge of sexual assault where the offender was sober and intentionally engaged in a course of conduct to avoid apprehension by the police? (Alberta, Canada)
What are the consequences of the Accused being charged with a major sexual assault? (Alberta, Canada)
What is the "charging threshold" in sexual assault cases? (Alberta, Canada)
How have courts dealt with sexual harassment allegations in the context of sexual assault cases? (Alberta, Canada)
Can a person charged with a serious criminal offence that is serious and complex be granted legal aid at the expense of the state? (Alberta, Canada)
What is the test for an appeal against a finding of guilty on two counts of sexual assault? (Alberta, Canada)
What is the test for applying the doctrine of jurisdiction in the context of sexual assault cases? (Alberta, Canada)
