It was wrong in principle for magistrates to record convictions for both the simple and racially aggravated forms of a public order offence arising from the same incident. In so holding the Divisional Court departed from its previous decisions in DPP v Gane (1991) 155 J.P. 846 and R. (on the application of Crown Prosecution Service) v Blaydon Youth Court [2004] EWHC 2296 (Admin), (2004) 168 J.P. 638.

DC (Laws LJ, Hickinbottom J)


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