Accused pleaded guilty to causing bodily harm to a police officer engaged in the execution of his duty (270.01(1) CC) and dangerous driving causing bodily harm to the same police officer (249(1)(a) CC). Police officer was dragged by accused’s vehicle following a traffic stop. Issue regarding whether the Kienapple principle applied.
Held: Kienapple not applying.
The Kienapple principle was further refined in Prince, [1986] 2 SCR 480. There must be both a factual and legal nexus between the two charges. The legal nexus requires that there be “no additional and distinguishing element” between the offences. Dangerous driving causing bodily harm is distinct from s 270.01 CC, given that it is “aimed at driving”, resulting in a separate legal character from s 270, even though both offences may arise out of the same factual circumstances.
J. Chevrefils – Defence Counsel