The appellant attempted to repossess his vehicles while armed with a rifle, which he loaded and pointed at the victim.
He was convicted of attempted armed robbery, using a firearm while attempting to commit an indictable offence, possession of a weapon, and pointing a firearm.
The trial judge stayed the possession charge but entered convictions on the others.
On appeal, the appellant argued the multiple convictions violated the common law Kienapple principle and sections 7 and 11(h) of the Charter.
The Supreme Court of Canada held that the Kienapple principle did not prevent convictions for both armed robbery and using a firearm, as the latter requires the additional element of 'use'.
The Court also found no breach of fundamental justice under the Charter.
However, the Court quashed the conviction for pointing a firearm, finding that it offended the Kienapple principle when combined with the conviction for using a firearm.