This leaves open the possibility, the accused say, that the three accused charged in both Counts 2 and 6 might face conviction on both counts based on a single crime. They say, further, that the principle in Kienapple v. The Queen, 1974 CanLII 14 (SCC), [1975] 1 S.C.R. 729, 15 C.C.C.(2d) 524 could not be applied to correct that possibility, because the trial judge will not necessarily be in a position to know that a jury convicted on both counts based on a single delict.
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