A Brief Overview of the Rule in Kienapple

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A Brief Overview of the Rule in Kienapple

The Kienapple principle provides that where the same transaction gives rise to two or more convictions on offences with substantially the same elements, the accused should be convicted only of the more serious offence. This is done by the Court staying the lesser charge/s.
The Kienapple principle is designed to protect against undue exercise by the Crown of its power to prosecute and punish.  It applies where there is both a factual and a legal nexus between the offences.  The requisite factual nexus is established if the charges arise out of the same transaction.  The legal nexus is established if the offences constitute a single criminal wrong:  see R. v. Rocheleau, 2013 ONCA 679, at para. 24.

Stuart O'Connell - http://www.leadersinlaw.ca/
Stuart is Lead Counsel at O’Connell Law Group (http://www.leadersinlaw.ca/) and works in association with the Firm.
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