What is the effect of a stay on counts one and three on sexual assault charges?
British Columbia, Canada
The following excerpt is from R. v. A.M.W.C., 2013 BCCA 238 (CanLII):
The learned trial judge entered a stay on counts one and three, the two allegations of sexual assault, under the principle laid down in Regina v. Kienapple, 1974 CanLII 14 (SCC), [1975] 1 S.C.R. 729. The appellant was committed into custody on counts two, four and five.
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