[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)
16/06/2011