Monthly Archives: May 2013

The Kienapple principle in Canadian Criminal Proceedings

The principle in Kienapple, also referred to as the rule against multiple convictions,provides that where an accused is found guilty of two or more offences arising out of the same transaction and the elements of the offences are substantially the … Continue reading

Sentencing in Canadian Criminal Proceedings

Proportionality is a fundamental principle of sentencing. A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. In addition to Proportionality, the principle of parity and sentence individualization inform the sentencing … Continue reading

Leading Questions

As a general rule, the party who calls a witness is not permitted to ask the witness leading questions, in other words, questions that, by their terms, suggest the answer the witness should give. Flexibly applied, the rule cedes ground … Continue reading