What is the test for multiple convictions for the same delict?
British Columbia, Canada
The following excerpt is from R. v. Murray, 2002 BCPC 203 (CanLII):
The Kienapple Rule as it has come to be known, or the doctrine of res judicata, precludes multiple convictions for the same delict, even though the matter is the basis of two separate offences. Laskin J. stated the rule in this way in Kienapple v. R. (1974), 1974 CanLII 14 (SCC), 15 C.C.C. (2d) 524 at 539 (S.C.C.): 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[.]
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