If an accused is found guilty of rape, should the second charge, two above, be seen as an alternate charge?
British Columbia, Canada
The following excerpt is from R. v. Morshedian and Janani, 2016 BCPC 37 (CanLII):
The rationale for his conclusion that if an accused was found guilty of rape, that the second charge, two above, should be seen as an alternate charge, was the common law principle that there should not be multiple convictions for the same delict against the same girl or the maxim directed against double or multiple convictions referred to in Cox v. The Queen, 1963 CanLII 78 (SCC), [1963] S.C.R. 500.
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