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The Court of Appeal upheld firearm convictions against a Kienapple challenge, finding pointing a firearm and recklessly discharging it were distinct wrongs. A threats conviction was quashed.
The Court of Appeal upheld the finding that taking a childâs hand to the accusedâs genitals could amount to invitation to sexual touching, but stayed that count under Kienapple.
Sentencing reasons in R. v. Lawrence for break and enter and firearms offences. The court rejected Kienapple stays and imposed a 40-month global sentence with credit for custody.
The Court of Appeal set aside an aggravated assault conviction under Kienapple and permanently stayed that charge, but upheld an eight-year attempted murder sentence.
The court sentenced Cory Joseph Montemurro and Joseph Bruce Skreptak for multiple firearms offences, conditionally stayed one overlapping count, and imposed concurrent prison terms and ancillary orders.
The British Columbia Court of Appeal upheld a criminal harassment conviction but stayed the uttering threats conviction under Kienapple.
The court stayed overlapping arson convictions under Kienapple, declined to declare Kenneth Grabowski a dangerous offender, and instead imposed a long-term offender sentence.
The court held Kienapple did not bar convictions for uttering a forged document and attempted fraud, and imposed concurrent eight-month custodial sentences.
The Supreme Court held that a s. 83(1) firearm conviction required a distinct underlying indictable offence conviction, and dismissed the Crownâs appeal.
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