What is the test for attributing after-the-fact conduct to one offence rather than another?
Ontario, Canada
The following excerpt is from R. v. Minoose, 2010 ONSC 7005 (CanLII):
The Court then notes subsequent US jurisprudence limits United States v. Myers, supra, to its specific facts and confirm that so long as evidence of after-the-fact conduct is relevant to an issue in dispute, the attribution of that conduct to one offence rather than another, is normally a question of fact for the jury. (para. 30)
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