Kienapple stay of proceedings canadian


The majority of the Court, however, held that the accused's possession was sufficiently removed in time and circumstance from the original taking of the property so that the accused could be convicted of both offences. In short, in relation to potentially multiple convictions, it is important to know the verdict on the first count, just as in the case of successive prosecutions it is important to know the result of the first trial: see Friedland, Double Jeopardyat p. King [8]where that judge had said: It is against the very first principles of the criminal law that a man should be placed twice in jeopardy upon the same facts: the offences are practically the same, though not their legal operation. Although the case largely dealt with a procedural issue, the Court's decision was predicated on the applicability of Kienapple as between the offences of impaired driving contrary to s. It is clear from this reference that the consequence of a wrongful act of an accused is an "element" which is capable of distinguishing two convictions in respect of a single unlawful act by an accused. In that case the accused, having been charged with conspiracy, the essence of the offence was the illegal agreement.

  • The Kienapple principle in Canadian Criminal Proceedings William Poulos Law
  • CanLII 40 (SCC) CanLII
  • CanLII 14 (SCC) CanLII
  • R. v. Van Rassel SCC Cases (Lexum)
  • R. v. Provo SCC Cases (Lexum)

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    the rule against multiple convictions, or the Kienapple principle against multiple convictions is engaged and a stay of proceedings is entered.

    Criminal law ‑‑ Jurisdiction ‑‑ Appellate court ‑‑ Kienapple principle ‑‑ Incest and If, on the other hand as is the case here, the accused's appeal from the A permanent stay should be recorded on the "Kienappled" offence to reflect that . us to follow what was said by McIntyre J.

    The Kienapple principle in Canadian Criminal Proceedings William Poulos Law

    in the Supreme Court of Canada in R. v. The Kienapple principle does not apply to offences involving different victims. The judge accordingly ordered a stay of proceedings on the Canadian charges.
    The Court reached the conclusion that convictions under both offences would have infringed the Kienapple principle. Under these circumstances I am unable to see how it can be said that the appellant did not commit both offences.

    CanLII 40 (SCC) CanLII

    The differences between the elements of these offences are explained by an attempt to facilitate the apprehension by the police or the conviction by the courts of persons who are guilty of essentially the same wrongful conduct: see Leonoff and Deutscher, supraat p.

    The rationale of my conclusion that the charges must be treated as alternative if there is a verdict of guilty of rape on the first count, that there should not be multiple convictions for the same delict against the same girlhas a long history in the common law.

    It will at once be apparent that the issue before us is confined to the validity of the second conviction. We have never had legislation of that kind in Canada, and hence we continue to be governed by the law as to included offences, which excludes a conviction under s.

    CanLII 14 (SCC) CanLII


    TICKCOUNT TO DATETIME
    The appellant was charged, together with one Wayne Ronald Constable, that he raped one Jacqueline Mary Chafe contrary to the Criminal Code, and second, that he had sexual intercourse with the same girl, she being a female under the age of fourteen years who was not his wife, contrary to the Criminal Code.

    However, in the course of his argument, counsel for the appellant conceded that if the appeal succeeded the appellant would not be entitled to obtain a new trial in respect of both the charges against him. Toronto: Butterworths,pp. Cases Cited.

    R. v. Van Rassel SCC Cases (Lexum)

    Between December 7,and January 4,Prince was tried and acquitted of the attempted murder of Daniels but was convicted on a charge of causing bodily harm to Daniels. Mewett, supraat pp.

    The Kienapple principle in Canadian Criminal Proceedings.

    Posted on May 29, The remaining charges should be stayed. In order for this. Where Kienapple applies, the offence which is conditionally stayed is the “lesser” In trial, the court cannot consider the issue of Kienapple until the court first is.

    The rule in Kienapple prevents multiple convictions for the same criminal act. elements make up the second offence, the court should enter a stay of proceedings on the second offence.

    images kienapple stay of proceedings canadian

    Chief Justice Dickson, Supreme Court of Canada.
    It is particularly to be noticed, however, that while the maxim nemo debet bis puniri pro uno delicto forbids a second verdict of guilty for the same crime, it does not forbid a second prosecution for the same conduct, in cases in which such conduct may amount to two separate crimes.

    The Court of Appeal quashed the conviction on the second count and this decision was affirmed on appeal to this Court.

    Video: Kienapple stay of proceedings canadian Law Tips - Stay of Proceedings Explained

    Kienapple provides that where the same transaction gives rise to two or more offences with substantially the same elements and an accused is found guilty of more than one of those offences, that accused should be convicted of only the most serious of the offences.

    There is, however, a corollary to this conclusion. Under the circumstances, it was difficult to believe that Parliament intended "automatically to make the same objectionable behaviour the subject of two separate offences" p.

    R. v. Provo SCC Cases (Lexum)


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    It is not the law that a person shall not be liable to be punished twice for the same act; no one has ever said so in any case, and the Interpretation Act does not say so. He was still subject to the sentence on the charge of rape, which sentence was exactly the same as, and concurrent with, the sentence on the other charge.

    It is particularly to be noticed, however, that while the maxim nemo debet bis puniri pro uno delicto forbids a second verdict of guilty for the same crime, it does not forbid a second prosecution for the same conduct, in cases in which such conduct may amount to two separate crimes.

    The clear distinction between the Quon case and the case at bar is that the age of the victim is not one of the essential elements in the offence of rape and the same distinction applies to the case of Rex v. Without purporting to be exhaustive, I believe that there are at least three ways in which sufficient correspondence between elements can be found, each of which is subject always to the manifestation of a legislative intent to increase punishment in the event that two or more offences overlap.

    The cause of death is alleged to be traceable to the stabbing.