R v Dunn [2021] EWCA Crim 439 – S 1(1) CLA.
1) autrefois only applicable where two offences the same as a matter of law.
2) Elrington principle only applicable where major charge preferred after minor charge, not where both charges preferred from outset.
3) alternative charges.
- distinction between “mutually exclusive alternatives” or “true alternatives” and “forensic alternatives”.
- distinction in charges between a belief and a mere suspicion not de minimis.
4) potential injustice caused by conviction for both forensic alternatives avoided by appropriate sentencing.
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