S, R v [2007] EWCA Crim 2247 (7 September 2007)

S, R v [2007] EWCA Crim 2247 (7 September 2007)

Where a defendant is convicted on both a greater and a lesser alternative count arising from the same incident, the conviction on the lesser count should be quashed to avoid a double conviction, as the greater count subsumes the lesser.

Citation
[2007] EWCA Crim 2247
Parties
Appellant: David Shaw; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
07 September 2007
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Substantive Appeal
Outcome
conviction on count 2 quashed; leave to appeal granted
Legal Topics
Arson, Alternative Counts, Double Conviction, Quashing Conviction
Criminal Law Arson Alternative Counts Double Conviction Quashing Conviction

Case Brief

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Parties

David Shaw

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether a conviction on both a greater and lesser alternative count constitutes an irregularity
  2. 2 Whether the conviction on the lesser count should be quashed when the greater count subsumes it

Ratio Decidendi

Where a defendant is convicted on both a greater and a lesser alternative count arising from the same incident, the conviction on the lesser count should be quashed to avoid a double conviction, as the greater count subsumes the lesser.

Court Disposition

conviction on count 2 quashed; leave to appeal granted

Orders

  • Conviction on count 2 (simple arson) quashed
  • Representation order granted to Mr Owen