What are the consequences of a jury's acquittal and conviction of an appellant for a firearm offence?
Alberta, Canada
The following excerpt is from R. v. Switzer, 1987 ABCA 23 (CanLII):
After a five day trial, Mr. Justice Andrekson acquitted the appellant of attempted murder, but convicted her of the other three offences. This appeal relates only to the firearm offence under Section 83 (1) (a) of the Criminal Code. The conviction under that section, it is said, offends the rule enunciated in Kienapple v. The Queen (1974) 1974 CanLII 14 (SCC), 15 C.C.C. (2d) 524.
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