Today’s decision in R. v. FNC (O’Donnell J, OCJ unreported) carefully reviews the law respecting Kienapple as it applies to charges of sexual interference and sexual assault. The Court finds that sexual interference is the “more serious” charge and, applying Loyer [1978] 2 SCR 631, stays the sexual assault charge. As these charges are often found together, and as SJM [2009] O.J. 1130 (CA) has limited reasons on the point, the FNC decision is of some importance. The case will no doubt be on CanLII shortly but if anyone wants a scan right away I am happy to send it.
Thursday, December 3, 2009
Sexual interference, sexual assault and Kienapple
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