If you’re facing more than one criminal charge from the same incident, the Kienapple principle could play a crucial role in your defence. In Canadian criminal law, this rule stops the Crown from convicting you multiple times for what is essentially the same criminal act.
Charged with overlapping offences? Call (306) 994-9522 today to see if the Kienapple principle can help reduce your charges.
What Is the Kienapple Principle?
The Kienapple principle—named after the 1975 Supreme Court of Canada case R v Kienapple, [1975] 1 SCR 729—is a legal rule that prevents multiple convictions for the same criminal act when the offences are not truly distinct.
In simple terms: You should not be convicted twice for the same wrongdoing just because it’s described in two different ways in the Criminal Code.
This rule applies where both:
- The facts behind the offences are the same, and
- The legal elements of the offences substantially overlap.
The principle is rooted in the broader legal concept of res judicata, which stops people from being tried or punished multiple times for the same matter.
When Does the Kienapple Principle Apply?
To trigger the Kienapple principle, there must be both a factual and legal nexus between the charges.
1. Factual Nexus
The two offences must arise from the same act or incident. Courts will ask:
- Did the same act by the accused give rise to both charges?
- Is there any additional or distinguishing fact between them?
If the answer is no, the charges likely share a factual nexus.
Example: If someone punches another person once and is charged with both assault and causing a disturbance, and there are no additional facts for the disturbance, Kienapple might apply.
Fighting stacked charges from a single event? Learn your options—call (306) 994-9522 for a free consultation with a criminal lawyer.
2. Legal Nexus
Even if the facts are the same, the legal elements of the offences must also significantly overlap. The courts will examine:
- Do the offences contain “substantially the same” elements?
- Are they aimed at punishing the same societal harm?
If each offence contains unique elements or protects a different legal interest (such as different victims or types of harm), then Kienapple does not apply.
When the Kienapple Principle Does Not Apply
Kienapple will not prevent multiple convictions where:
- The charges relate to different victims;
- Each offence is aimed at different social wrongs (e.g., protecting children vs. preventing violence);
- The acts caused different consequences (e.g., injury vs. death).
Courts have refused to apply Kienapple in cases involving:
- Impaired driving, dangerous driving, and criminal negligence: These all involve different legal elements and risks.
- Aggravated sexual assault and choking: Each targets a distinct harm.
- Group sexual assault and sexual assault with a weapon: The offences are legally and factually distinct.
Accused of multiple offences for one act? Call (306) 994-9522 and let a seasoned criminal lawyer assess whether Kienapple could protect you.
The Origin: R v Kienapple
In the landmark case R v Kienapple, the accused was charged with both:
- Rape, and
- Unlawful carnal knowledge of a girl under 14.
Both charges came from the same act. The Supreme Court held that it was wrong to convict the accused on both charges when only one criminal act had occurred, and the legal elements substantially overlapped. The Court set aside the second conviction.
This established the modern Kienapple principle, ensuring fairness and avoiding unjust double convictions.
How Kienapple Affects Sentencing
The rule protects against double jeopardy—being punished twice for the same crime. Without it, prosecutors could “stack” charges, leading to unfair outcomes. If you’re charged with multiple offences from a single event, a criminal defence lawyer can help argue for a stay of some charges under Kienapple.
Have You Been Charged with a Criminal Offence?
An experienced criminal defence lawyer is essential when facing criminal charges. A criminal defence lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.
Need a Criminal Defence Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Defence Lawyer
Don’t hesitate to reach out to us if you have been charged with a criminal offence. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.