What is the consequence of a finding of guilty on two counts of common law sexual assault?
Saskatchewan, Canada
The following excerpt is from R. v. Wildeman, 1978 CanLII 1807 (SK CA):
The learned trial judge found Wildeman guilty on the first count but acquitted him on the second count on the ground that the principle established in Kienapple v. R., 1974 CanLII 14 (SCC), [1975] 1 S.C.R. 729, 26 C.R.N.S. 1, 15 C.C.C. 529, 44 D.L.R. (3d) 351, precluded a conviction on the second count as the charge therein arose out of the same circumstances as the first charge upon which a conviction was registered.
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