Wednesday, January 25, 2012

Two charges, which stands?

A single delict can amount to more than one offence -- so an improper sexual contact with a young person can be both sexual assault and sexual interference.

It is improper to convict for both offences and so, in the event the delict is proven, the court should convict for the more serious charge and stay the lesser offence: R v P, [1989] 2 SCR 3

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