Practice question
The charge contains the full elements of Offense L. Proof establishes those elements plus the extra element of graver Offense G, but that extra element was not alleged. May the court simply upgrade the conviction to G under the variance rule?
- No; it may convict of charged L if proved, not use variance alone to impose uncharged G
- Yes; proof always overrides the accusation
- Yes; an extra element may always be supplied only at trial
- Yes; the greater penalty determines the charge
- Yes; the accused’s objection is irrelevant
Legal references
- Rules of Court, Rule120 Sections1–6; Rule110 Sections8–9: https://lawphil.net/courts/rules/rc_110-127_crim.html
Answer this question in flashcards to review your response and continue practicing.