[2004] EWCA Crim 2999

Powers of Criminal Courts (Sentencing) Act 2000 s.109(5)(h) only applied where the accused had admitted before a court that he had a firearm in his possession during the commission of the robbery, or if the jury returned a specific verdict establishing that fact. As neither had occurred on the facts of the instant case the sentence of life imprisonment was set aside and a sentence of 14 years was substituted.

CA (Crim Div) (Rix LJ, Poole J, Stanley Burnton J)

25/11/2004