The appellant pled guilty to multiple charges arising from a series of robberies and break and enters, including robbery with a firearm, unlawful confinement, and use of a firearm in the commission of unlawful confinement.
On appeal, he argued that the Kienapple principle precluded multiple convictions for these offences arising from the same incidents.
The Court of Appeal held that while the unlawful confinement convictions could stand, the convictions for using a firearm in the commission of unlawful confinement must be stayed, as they punished the same criminal wrong as the robbery with a firearm convictions.
The court varied the sentences on the armed robbery convictions to maintain the total sentence of seven years and nine months' imprisonment.
