The accused stabbed a pregnant woman, causing the premature birth and subsequent death of her child.
The accused was convicted of causing bodily harm to the mother and was subsequently charged with manslaughter of the child.
The trial judge denied a motion to stay the manslaughter charge based on the Kienapple principle.
The Court of Appeal granted certiorari and quashed the indictment.
The Supreme Court of Canada allowed the Crown's appeal, holding that the Kienapple principle does not apply because the offences contain distinct elements and relate to different victims.
