The accused turned off the lights, and then struck the complainant with a broken metal broom handle, which caused a laceration to the complainant’s hand. He is guilty of both assault with a weapon and assault causing bodily harm. Convictions are entered for both offences. However, because of the principles in Kienapple v. The Queen, 1974 CanLII 14 (SCC), [1975] 1 S.C.R. 729, a judicial stay will enter on the second count, that of assault with a weapon.
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