Is a conviction for aggravated assault against a man for assault to be stayed?

Ontario, Canada


The following excerpt is from R. v. Smith, 2010 ONCA 229 (CanLII):

The appellant further submits - and the respondent concedes – that the conviction for aggravated assault should be stayed under the principle developed in Kienapple v. R., 1974 CanLII 14 (SCC), [1975] 1 S.C.R. 729.

Other Questions


What is the current sentencing range for an assault where the accused has pleaded guilty to a charge of assault, assault and sexual assault? (Ontario, Canada)
What is the test for an application to stay a stay of an application for a stay in a child protection proceeding? (Ontario, Canada)
What is the difference between a conviction for impaired driving and a stay of conviction? (Ontario, Canada)
What are some cases where the accused was convicted of criminal harassment, assault and assault? (Ontario, Canada)
What are the aggravating factors in determining the appropriate sentence for a man convicted of a sexual assault? (Ontario, Canada)
What are the consequences of a jury striking down sexual assault and assault with a weapon convictions? (Ontario, Canada)
Is a plaintiff's sexual assault conviction a "collateral attack" on the criminal conviction itself? (Ontario, Canada)
Can a payor's support obligation be reduced if he loses his employment because of a conviction for assault? (Ontario, Canada)
In what circumstances will a court sentence an offender who sexually assaulted a 15 year old girl who was sexually assaulted by friends of her parents who plied her victim with alcohol? (Ontario, Canada)
What is the appropriate sentence for a convicted fraudster who was convicted of charges including giving a reward to a government official? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.