What is the result of a finding of guilty and a stay of proceedings in relation to mischief charges?
Newfoundland and Labrador, Canada
The following excerpt is from R. v. Pitcher, 2012 CanLII 34217 (NL PC):
3. To be clear about this, I have found the accused guilty of all of the offences charged, but I am not entering convictions for the mischief charges. Instead, a conditional stay of proceedings will be entered in relation to the mischief charges, in accordance with the principles set out in Kienapple v. The Queen, 1974 CanLII 14 (SCC), [1975] 1 S.C.R. 729. Convictions are therefore entered for the offences of break, enter and theft (s.348), possession of break-in instrument (s. 351), breach of recognizance (s.145(3)), and breach of probation (s. 733.1). The reasons for these conclusions follow, commencing with a review of the evidence. Evidence
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