Can a stay of proceedings be entered in relation to counts 4 and 5 in a sexual assault case?
Newfoundland and Labrador, Canada
The following excerpt is from R. v. Hannam, 2014 CanLII 50018 (NL PC):
Counsel agree that the rule from Kienapple v. R., 1974 CanLII 14 (SCC), [1975] 1 SCR 729 applies in this matter, and, accordingly, a judicial stay of proceedings is entered in relation to counts 4 and 5, which are the offences under s. 146(1) of the Criminal Code. The offences committed included other forms of sexual assault than sexual intercourse without consent, and so the first three counts are broader in nature than those counts which are being stayed.
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