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section 609(2)
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SECTION WORDING
609(2) The following provisions apply where an issue on a plea of autrefois acquit or autrefois convict is tried: (a) where it appears that the accused might on the former trial have been convicted of an offence of which he may be convicted on the count in issue, the judge shall direct that the accused shall not be found guilty of any offence of which he might have been convicted on the former trial; and (b) where it appears that the accused may be convicted on the count in issue of an offence of which he could not have been convicted on the former trial, the accused shall plead guilty or not guilty with respect to that offence.

RELATED LINKS
multiple-victims-colludingIn many cases, some facts alleged are true, and other facts alleged are false. In this way, a trial can be used as a tool to mitigate sentence. Essentially, the trial is used to correct erroneously alleged facts and "soften the blow" of the otherwise valid conviction. In this case, Mr. Lewandowski was able to reduce the number of counts from ten down to one, and thereby shave of eight years from the proposed sentence.





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