Can a person be convicted of a charge of sexual assault where both offences arise out of the same facts and in substance only one crime has been committed?
Ontario, Canada
The following excerpt is from R v Sadikov, 2015 ONSC 4447 (CanLII):
A person cannot be convicted of two offences where both arise out of the same facts and in substance only one “crime” has been committed. Where such offences are committed, a conditional stay on the lesser charge will be entered. (Kienapple v. R., 1974 CanLII 14 (SCC), [1975] 1 S.C.R. 729.)
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