Does the Kienapple principle apply to sexual touching of a child under 14 and sexual assault arising from the same acts?

Nova Scotia, Canada


The following excerpt is from R. v. F. (C.G.), 2003 NSCA 136 (CanLII):

The Kienapple principle holds that a person cannot be punished twice for the same wrong: Kienapple v. The Queen , 1974 CanLII 14 (SCC), [1975] 1 S.C.R. 729. The application of this principle gives rise to two questions in this case: first, whether it applies to the offences of sexual touching of a person under 14 and sexual assault arising from the same acts; and second, whether the appellant can be properly convicted of two counts of breach of undertaking arising from the same act of failure to be of good behaviour.

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