Does the Kienapple principle apply to sexual touching of a child under 14 and sexual assault arising from the same acts?

Nova Scotia, Canada


The following excerpt is from R. v. F. (C.G.), 2003 NSCA 136 (CanLII):

The Kienapple principle holds that a person cannot be punished twice for the same wrong: Kienapple v. The Queen , 1974 CanLII 14 (SCC), [1975] 1 S.C.R. 729. The application of this principle gives rise to two questions in this case: first, whether it applies to the offences of sexual touching of a person under 14 and sexual assault arising from the same acts; and second, whether the appellant can be properly convicted of two counts of breach of undertaking arising from the same act of failure to be of good behaviour.

Other Questions


Does the maximum contact principle apply to the assessment of a child's best interests under the Child Support Review Act? (Ontario, Canada)
Can a convicted child luring offender plead guilty in Canada to all charges arising out of his activities of child sexual exploitation and child pornography to the victim's parents in Canada? (Ontario, Canada)
Under section 50 of the Charter, under what circumstances will the Historical Society records be admitted to a sexual assault trial? (Ontario, Canada)
What is the test for establishing that there is an "exceptional exception" where the child is not considered to be a party to a claim of sexual assault? (Ontario, Canada)
Can a child witness provide unsworn testimony in a sexual assault case? (Ontario, Canada)
What is the test for a sexual assault offence under Section 25(SCC) of the Criminal Code of Canada? (Alberta, Canada)
What is the test for determining whether a person can be found guilty of sexual assault under s. 27(1)(b) of the Criminal Code? (British Columbia, Canada)
How does the statute of limitation apply to sexual assault cases? (Ontario, Canada)
What is the totality principle of sentencing in the context of sexual assault cases? (Newfoundland and Labrador, Canada)
What factors are considered in determining the severity of a sexual assault charge under section 3 of the Criminal Code of BC? (British Columbia, Canada)