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.

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