What disposition should be made of the appeal against the conviction on count 3?
British Columbia, Canada
The following excerpt is from R. v. Tom, 1992 CanLII 395 (BC CA):
28. The question then is what disposition should be made of the appeal. Crown counsel agreed the conviction on count 3 could not stand, but argued that a conviction should now be entered on one of the other counts for which no verdict was recorded as a consequence of the application of the Kienapple rule. The decision in Regina v. Provo, 1989 CanLII 71 (SCC), [1989] 2 S.C.R. 3, was offered in support of this submission. Alternatively, a conviction could be entered for the lesser included offence of common assault.
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