Practice and Procedure

R v MARLON KELLY : R v RYAN JASON BOWERS : R v BALRAJ SINGH : R v (1) GH (2) SR (3) TR (4) HR (5) JB (2011)

PUBLISHED June 16, 2011

[2011] EWCA Crim 1462

The Criminal Justice Act 2003 Sch.21 para.5A did not provide an entirely comprehensible framework for every murder involving the use of a knife or other weapon and was to be flexibly construed. The court examined the difficulties arising from the phrase in para.5A(2) "if the offender took a knife or other weapon to the scene".

CA (Crim Div) (Lord Judge LCJ, Leveson LJ, Bean J)