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.
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