Hamer, R. v [2023] EWCA Crim 516 (30 March 2023)

Hamer, R. v [2023] EWCA Crim 516 (30 March 2023)

The two offences, though arising from the same conduct, are legally distinct: one is a substantive criminal act, the other a breach of a court order. Both can properly be prosecuted and recorded, and there is no unfairness or oppression in doing so.

Citation
[2023] EWCA Crim 516
Parties
Prosecution: Rex; Appellant: Kaleb Hamer
Jurisdiction
England and Wales
Judgment Date
30 March 2023
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Double Jeopardy, Concurrent Offences, Breach of Court Order, Possession of Bladed Article
Criminal Law Double Jeopardy Concurrent Offences Breach of Court Order Possession of Bladed Article

Case Brief

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Parties

Rex

Prosecution

Kaleb Hamer

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether a defendant can be convicted of two offences arising from the same conduct: possession of a bladed article and breach of a Knife Crime Prevention Order

Ratio Decidendi

The two offences, though arising from the same conduct, are legally distinct: one is a substantive criminal act, the other a breach of a court order. Both can properly be prosecuted and recorded, and there is no unfairness or oppression in doing so.

Court Disposition

appeal dismissed

Orders

  • Appeal against conviction dismissed.