jack

Note: I'm merely curious. I have no intention of doing this.

Suppose it's certain that I'm guilty of one of two crimes, but it's uncertain *which*. And there's no overlap. Is there any legal mechanism which will convict me of one-or-the-other? Can I be tried and sentenced to the lesser sentence? What happens?

The best example I can think of is I shoot someone with a hypodermic gun, then send the body abroad in my friend's boat. I'm found with two ampouls, A fatal, B not. If I used A, I'm guilty of murder (and tampering with a corpse, etc). If I used B, I'm guilty of kidnapping (and assault). Can I be convicted of either of the major crimes, given that it's not certain I committed it?

I think in most jurisdictions I can be convicted for assault if I also murder, but if I'm tried for murder that takes precedence. So I might get any lesser charge which certainly happened.

Am I obliged to testify? I thought the current situation in the UK was that it could be held against me if I don't testify, but that it's not automatic guilt, it's just that if it makes me look guilty it can be evidence against me, but here it's not conclusive.