Anthony Kalinga v R

Facts

Shortly after 4am on 25 April 2025 the appellant, Anthony Kalinga, was involved in an altercation with an acquaintance, Ebima Cessay, in Old Christchurch Road, Bournemouth. Mr Cessay was using two crutches, apparently because of a problem with his leg. The whole episode was captured on high-quality CCTV: the appellant approached Mr Cessay and put his hands on him, a struggle followed in which both men fell to the ground, they disengaged, and after several minutes of exchanges — during which passers-by tried to intervene and Mr Cessay struck the appellant with a crutch and later swung it at him — a passer-by handed the appellant the second crutch, which the appellant used to strike Mr Cessay within a second or two, continuing to hit him about the head and breaking the crutch. Mr Cessay suffered an injury to his nose, a cut above his forehead and a cut to his thumb. The appellant was initially charged with assault occasioning actual bodily harm, but by trial the indictment included a count of having an offensive weapon, namely a crutch, contrary to section 1 of the Prevention of Crime Act 1953. A submission of no case to answer on that count was rejected by Her Honour Judge Maylin, and the jury convicted on both counts. He applied for leave to appeal against the weapon conviction only, the Registrar referring the application to the Full Court.