When setting a minimum term of imprisonment for murder, the judge, when weighing up aggravating and mitigating factors, was entitled to treat unlawful possession of a knife as an aggravating factor even though it was not identified as such in para.10 of the Criminal Justice Act 2003 Sch.21. The carrying of a knife was some evidence that the carrier might be prepared to use it, which was sufficient to justify treating the unlawful possession as an aggravating factor, and the extent to which it should be so treated would depend entirely on the circumstances.

[2005] EWCA Crim 1408