COURT OF APPEAL HOLDS THAT A CAR CAN BE A WEAPON FOR THE PURPOSES OF SCHEDULE 21, PARA. 5A OF THE CJA 2003.
Stuart Trimmer QC represented the Crown in an appeal against sentence arising from a recent murder case at Luton Crown Court.
At trial, the Appellant was convicted of murder after he was found to have driven into and killed a cyclist and rival gang member. He was sentenced to life-imprisonment with a minimum term of 24 years.
The Appellant argued that he had not taken the car to the scene as a weapon for the purposes of Schedule 21, para. 5A and that the Judge had therefore been wrong to determine his sentence from a starting point of 25 years.
In dismissing the Appellant’s argument, the Court of Appeal held for the first time that a car can constitute a weapon for the purposes of Schedule 21, para. 5A of the Criminal Justice Act 2003.