What is the test for a jury to convict a defendant on two counts of common assault?
Prince Edward Island, Canada
The following excerpt is from R. v. Doucette & Ors., 2001 PESCTD 33 (CanLII):
This is a very difficult area of the criminal law which has its foundation in Kienapple v. R. 1974 CanLII 14 (SCC), [1975] 1 S.C.R. 729, 15 C.C.C. (2d) 524. As a general rule, where there are two counts or more arising out of the same incident, and that incident in substance amounts to only one offence, the court should only enter a verdict of guilty on one count to avoid convicting a person twice for essentially the same offence.
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