[2008] EWCA Crim 2583
It was open to a sentencing judge to apply the Criminal Justice Act 2003 sch.21 para 5(2)(c) and conclude that a murder had been committed for gain in the course of a robbery even where there was no second count on the indictment for robbery before the jury.
CA (Crim Div) (Leveson LJ, David Clarke J, Judge Morris QC)
20/10/2008