Kienapple v. The Queen
Encyclopedia
Kienapple v. The Queen, [1975] 1 S.C.R. 729 is a leading decision of the Supreme Court of Canada
that established the rule against multiple convictions known as the kienapple principle. Justice Laskin, for the Court, held that an accused cannot be convicted of two offences where they are both arise out of substantially the same facts.
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.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
that established the rule against multiple convictions known as the kienapple principle. Justice Laskin, for the Court, held that an accused cannot be convicted of two offences where they are both arise out of substantially the same facts.
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.