Sopinka J.
Sopinka J.-- We are substantially in agreement with the reasons of Harradence J.A. dissenting in the Court of Appeal (1996), 184 A.R. 129. The charge of aggravated assault was an included offence in the robbery charge. The two charges arose out of the same delict as defined in Kienapple v. The Queen, [1975] 1 S.C.R. 729. Accordingly, the appeal is allowed, the judgment of the Court of Appeal is set aside and the judgment at trial is restored.
Cases cited
- Kienapple v. R. item-4274-1974-02-11 ¶ 1