Does the surplusage rule apply to a defendant who has been found guilty of a sexual assault?
Quebec, Canada
The following excerpt is from S.D. c. R., 2010 QCCA 1418 (CanLII):
Moreover, in Vézina and Côté v. The Queen,[2] Lamer J. as he was then, wrote: ... the notion that the accused not be prejudiced by the application of the "surplusage rule" may fairly be said to be a persistent theme throughout the case-law.
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