Can a person be convicted of a charge of sexual assault where both offences arise out of the same facts and in substance only one crime has been committed?
Ontario, Canada
The following excerpt is from R v Sadikov, 2015 ONSC 4447 (CanLII):
A person cannot be convicted of two offences where both arise out of the same facts and in substance only one “crime” has been committed. Where such offences are committed, a conditional stay on the lesser charge will be entered. (Kienapple v. R., 1974 CanLII 14 (SCC), [1975] 1 S.C.R. 729.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a person be convicted of a charge of sexual assault where both offences arise out of the same facts? (Ontario, Canada)
What is the current sentencing range for an assault where the accused has pleaded guilty to a charge of assault, assault and sexual assault? (Ontario, Canada)
In what circumstances will a court sentence an offender who sexually assaulted a 15 year old girl who was sexually assaulted by friends of her parents who plied her victim with alcohol? (Ontario, Canada)
Is a plaintiff's sexual assault conviction a "collateral attack" on the criminal conviction itself? (Ontario, Canada)
What is the appropriate sentence for a conviction of sexual interference in a sexual assault case? (Ontario, Canada)
What is the case law on adult sentence for a 16-year-old who pleaded guilty to a charge of possession of drugs with intent to commit a sexual offence against a minor? (Ontario, Canada)
What are the consequences of a jury striking down sexual assault and assault with a weapon convictions? (Ontario, Canada)
Can a convicted child luring offender plead guilty in Canada to all charges arising out of his activities of child sexual exploitation and child pornography to the victim's parents in Canada? (Ontario, Canada)
What are the reasons for the finding of not guilty of charges of sexual assault against the former Queen of the South? (Ontario, Canada)
What is the appropriate sentence for a convicted fraudster who was convicted of charges including giving a reward to a government official? (Ontario, Canada)
