R v Kaleb Hamer

R v Kaleb Hamer

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. There is no unfairness or oppression in prosecuting both. The appeal against conviction is dismissed.

Parties
Prosecutor: Rex; Appellant: Kaleb Hamer
Jurisdiction
England and Wales
Judgment Date
30 March 2023
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Double Jeopardy, Concurrent Offences, Breach of Court Order, Possession of Offensive Weapon
Criminal Law Double Jeopardy Concurrent Offences Breach of Court Order Possession of Offensive Weapon

Case Brief

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Parties

Rex

Prosecutor

Kaleb Hamer

Appellant

Procedural Posture

Criminal Appeal / Judgment on 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 (KCPO)

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. There is no unfairness or oppression in prosecuting both. The appeal against conviction is dismissed.

Court Disposition

appeal dismissed

Orders

  • Conviction upheld on both counts
  • Sentences to run concurrently as previously ordered