Rule against multiple convictions applies to sexual interference and sexual assault

The rule against multiple convictions forbids more than one conviction for a single wrong.

Thus it is proper to charge someone with (1) impaired driving and (2) driver over 80 but a conviction can go for only one offence.

The application of this rule to sexual interference and sexual assault was somewhat in doubt because of some brief endorsements by the Court of Appeal.

Today's decision in R. v. S.J.M., 2009 ONCA 244 makes it clear the doctrine applies:

[9]              This court has previously held that in those circumstances one of the convictions should be stayed in accordance with the rule against multiple convictions:  R. v. M. (M.M.) (1998), 122 C.C.C. (3d) 563 (Ont. C.A. ).  We were informed by counsel that in R. v. Wing, 2008 ONCA 618 a somewhat different argument may have been made, not directly addressing the application of Kienapple to the charges of sexual assault and sexual interference. Thus, this court's very brief endorsement in Wing should not be read to be inconsistent with the well established jurisprudence in Kienapple, Prince and M. (M.M.).  We also note that courts in other provinces have applied the Kienapple doctrine to charges of sexual interference and sexual assault:  R. v. Alyea (1997), 100 B.C.A.C. 241, and  R. v. C.G.F., 2003 NSCA 136. 
James Morton
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