The appellant appealed a decision of the Court of Appeal for Alberta regarding convictions for both robbery and aggravated assault.
The Supreme Court of Canada allowed the appeal, agreeing with the dissenting judge in the Court of Appeal that the charge of aggravated assault was an included offence in the robbery charge.
Applying the Kienapple principle, the Court held that the two charges arose out of the same delict, and therefore multiple convictions could not be entered.
The trial judgment was restored.
