Kienapple (The Rule Against Multiple Convictions for the Same Criminal Wrong)
In R. v. Kienapple 1974 CanLII 14 (SCC), [1975] 1 S.C.R. 729, the Court articulated, and applied (and arguably expanded) the common law theory of res judicata to preclude multiple convictions for the same criminal wrong. 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. R. v. Kienapple , supra , at p. 540. The other charges should be conditionally stayed. R. v. P. (D.W.) (1989), 1989 CanLII 71 (SCC), 49 C.C.C. (3d) 417 (S.C.C.) . Justification for the Rule The rule which is linked to the court’s power to protect against abuses of its process is designed to “protect an individual from an undue exercise by the Crown of its power to prosecute and punish”. Kienapple , at p. 540 When the Rule Operates The Kienapple rule precludes multi...