Kienapple V R
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''Kienapple v R'', 9751 S.C.R. 729 is a leading decision of the
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
that established the rule against multiple convictions known as the ''Kienapple'' principle. Justice
Bora Laskin Bora Laskin (October 5, 1912 – March 26, 1984) was a Canadian jurist who served as the 14th chief justice of Canada from 1973 to 1984. Laskin was appointed a puisne justice of the Supreme Court in 1970, and served on the Ontario Court of A ...
, for the court, held that an accused cannot be convicted of two offences where they both arise out of substantially the same facts. John Edward Kienapple was charged with rape and unlawful sexual intercourse with a female under 14 years of age. At trial he was convicted on both charges. On appeal to the Supreme Court his conviction for unlawful sexual intercourse was overturned.


See also

* ''
R v Prince ''Rex v. Prince'', L.R. 2 C.C.R. 154 (1875), was an English case that held the ''mens rea'' necessary for criminal liability should be required for the elements central to the wrongfulness of the act, and that strict liability should apply to the ...
'' * ''
Res judicata ''Res judicata'' (RJ) or ''res iudicata'', also known as claim preclusion, is the Latin term for "a matter decided" and refers to either of two concepts in both civil law and common law legal systems: a case in which there has been a final judgm ...
''


External links

* Full text available a
lexum
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Supreme Court of Canada cases Supreme Court of Canada case articles without infoboxes 1975 in Canadian case law Canadian criminal case law {{canada-law-stub