R (Dyer) v Watford Magistrates’ Court [2013] EWHC 547 (Admin) – S 31 CDA – s 4 Public Order Act 1986 – s 10 MCA - (IA 1978)
1) principle that a public authority must not fetter its discretion may apply to courts.
- hence court must exercise any discretion according to merits of the case.
2) D should not be convicted of two offences charged as alternatives.
- repugnant to justice for D to be found guilty of two offences arising from the same facts, where one offence contains all the elements of the other and an additional or aggravating element.
- basic principle of justice that D’s criminal record reflect what he has done and no more or less.
3) where D tried for greater and lesser offence on same facts and found guilty of greater, court should adjourn lesser charge sine die under s 10 MCA so D can be brought back if acquitted of greater charge on appeal.
undefined: unpaid