Can a person be convicted of a charge of sexual assault where both offences arise out of the same facts?

Ontario, Canada


The following excerpt is from R. v Layugan, 2016 ONSC 2077 (CanLII):

A person cannot be convicted of two offences where both arise out of the same facts and where in substance only one “crime” has been committed. Where such offences are committed, a conditional stay on the lesser charge will be entered. (Kienapple v. R., 1974 CanLII 14 (SCC), [1975] 1 S.C.R. 729.)

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