Can a deliberate admission be framed in terms of an element or elements of the indictment?
Alberta, Canada
The following excerpt is from R. v. Miljevic, 2010 ABCA 115 (CanLII):
We cannot see why a deliberate admission in open court is any less effective when framed in terms of an element or elements of the indictment (or of an included charge). That seems to us more direct, and stronger, and indisputable as to its intent and effect. The greater includes the less. Nor can we ground such a distinction on the cases and section cited above. Facts may be admitted informally by counsel: Korponay v. A.-G. Can. 1982 CanLII 12 (SCC), [1982] 1 S.C.R. 41, at 52i to 53d, 44 N.R. 103, 115 (para. 25).
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