INTRODUCTION AND BRIEF DESCRIPTION
This section states that an acquittal for a specific offense also includes acquittal for a different offense that the accused was convicted or discharged of during the trial.
SECTION WORDING
676(2) For the purposes of this section, a judgment or verdict of acquittal includes an acquittal in respect of an offence specifically charged where the accused has, on the trial thereof, been convicted or discharged under section 730 of any other offence.
EXPLANATION
Section 676(2) of the Criminal Code of Canada pertains to the concept of acquittal in criminal cases. This section states that when an accused person is acquitted of any offence that is specifically charged against them, it also includes any other offence related to the case. This means that if an accused person is acquitted of a specific offence, they are also considered acquitted of any other offence related to the same case. It is important to note that an accused person may still be found guilty of other criminal offences even after being acquitted of a specific offence. For example, if an accused person is charged with both assault and theft, they may be acquitted of the assault charge, but found guilty of the theft charge. In such cases, section 676(2) does not apply. Section 730 of the Criminal Code pertains to the discharge of an accused person. If an accused person is discharged of an offence under section 730, it means that they are not convicted of the offence but are released without any further penalties. In such cases, section 676(2) also applies, and the accused person is considered acquitted of the offence specifically charged against them as well as any other offence related to the case. Overall, section 676(2) is an important provision in the Criminal Code of Canada that ensures that an accused person is not unjustly penalized for an offence that they have already been acquitted of or discharged from. This provision ensures that the principle of double jeopardy is not violated and that the rights of the accused are protected in criminal proceedings.
COMMENTARY
Section 676(2) of the Criminal Code of Canada is a provision that deals with judgments or verdicts of acquittal. It explains that an acquittal in a trial for a specific offence will also include an acquittal for any other offence that the accused was charged with, but was convicted or discharged of under section 730 of the Criminal Code. The purpose of this provision is to prevent the Crown from changing the charging information after a trial has concluded. In other words, it prevents the Crown from engaging in "double jeopardy" by trying to convict an accused on a different offence related to the same incident. If an accused has been acquitted in a trial, they cannot be tried again for any other offence that relates to the same event. Section 676(2) is an essential safeguard for individuals who have been acquitted of an offence. It provides clear protection against any additional charges that may arise from the same event, creating an effective barrier against abuse of power by the prosecution. This provision is essential to maintaining the integrity of our justice system and ensuring that individuals are not unfairly subjected to legal proceedings without cause. While section 676(2) is an important provision, it is not without its limitations. The section only applies to verdicts of acquittal and not to convictions or discharges under section 730. Therefore, an accused who has been convicted or discharged under section 730 of an offence that is related to the trial for which they were acquitted can still be tried for a different, related offence. This creates a potential loophole that could be exploited by the Crown to circumvent the provisions of this section, ultimately undermining the protections that it provides. Moreover, the section does not provide protection against charges for offences that are not specifically related to the trial for which the accused was acquitted. This means that the accused can still be tried for different, unrelated offences that may have arisen from the same incident. In conclusion, section 676(2) is an essential provision that ensures the protection of individuals who have been acquitted of an offence. It serves to prevent potential abuse of power by the prosecution and ensures that individuals are not unnecessarily subjected to legal proceedings. However, while it is a valuable safeguard, its limitations must be recognized, and the potential for loopholes and additional charges for unrelated offences must be considered. Overall, the provision is a crucial component of the Canadian Criminal Code, and its role in the Canadian justice system cannot be overstated.
STRATEGY
Section 676(2) of the Criminal Code of Canada offers strategic options for defense counsel in crafting a criminal defense. The section provides that an acquittal on one charge can have implications for other charges that the accused faces. This means that defense counsel should pay close attention to the language of the charges and how they are framed. One strategic consideration is that the defense counsel should consider the possibility of charging the accused with multiple offenses related to the same conduct or criminal act. If the accused is charged with multiple offenses related to the same event, a conviction or acquittal on one of these charges could impact the other charges. If the accused is acquitted on one of the offenses, the other charges can also be dismissed. Another strategic consideration is that defense counsel should carefully consider the wording of the charges. The Crown may choose to lay charges under different sections of the Criminal Code for the same conduct, such as laying charges under both assault and assault causing bodily harm. Counsel can challenge the charges if they believe that the Crown has not made a sufficient case for each charge and that the charges are redundant. A third strategic consideration is that defense counsel may choose to request a separate trial for each charge. This strategy has the advantage of allowing the accused to focus on specific charges and present a defense specific to each charge. It also allows the accused to better manage the evidence and the court's attention. Finally, defense counsel may choose to negotiate a plea agreement with the Crown. This strategy can help the accused to avoid a lengthy trial and potentially receive a more lenient sentence. The Crown may be more willing to negotiate a plea bargain if the accused has been acquitted on some of the charges. Overall, section 676(2) of the Criminal Code of Canada offers strategic options for defense counsel. Careful consideration of the language of the charges, the possibility of charging multiple offenses, requesting separate trials, and negotiating plea agreements can all lead to the best possible outcome for the accused. The defense counsel must carefully consider the evidence and the potential implications of each option in order to craft the best possible defense.