Where an offender is charged with both stalking (a course of conduct offence) and discharging a firearm at premises while carrying out a serious indictable offence (s 131A(2) Firearms Act 1996), the convictions do not constitute double punishment because the elements of the offences are not wholly common: the firearm offence requires reckless disregard for safety while carrying out the serious indictable offence, whereas the stalking offence requires a broader course of conduct with intent to cause harm or arouse fear. Moderate cumulation of sentences is appropriate to reflect the distinct criminality of each offence while avoiding double punishment for overlapping conduct.
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