What is the test for having multiple convictions?

Alberta, Canada


The following excerpt is from R v Magoon, 2016 ABCA 412 (CanLII):

See Kienapple v. The Queen, 1974 CanLII 14 (SCC), [1975] 1 S.C.R. 729, 751 (1974) (“If there is a verdict of guilty on the first count and the same or substantially the same elements make up the offence charged in a second count, the situation invites application of a rule against multiple convictions”) & S. Penney, V. Rondinelli & J. Stribopoulos, Criminal Procedure in Canada 636 (2011) (“Where the Kienapple principle applies, the trial judge will enter a conviction for the offence that best captures the delict of the case and enter a conditional stay for any remaining convictions arising from the same delict. If the accused does not appeal from the conviction of the non-Kienappled offence, then the conditionally stayed Kienappled offence becomes a permanent stay”).

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