Is a conviction for aggravated assault against a man for assault to be stayed?

Ontario, Canada


The following excerpt is from R. v. Smith, 2010 ONCA 229 (CanLII):

The appellant further submits - and the respondent concedes – that the conviction for aggravated assault should be stayed under the principle developed in Kienapple v. R., 1974 CanLII 14 (SCC), [1975] 1 S.C.R. 729.

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