[2006] EWCA Crim 3190

In setting the appropriate minimum term to be served by a burglar who, upon being discovered, had stabbed to death an occupant of the premises in order to facilitate his escape, the court determined that the appropriate starting point was 30 years in accordance with the Criminal Justice Act 2003 Sch.21 para.5(2)(c). Escaping after a burglary was an integral element of the criminal enterprise and if murder was committed to facilitate escape from a burglary whose object was gain, then the murder could properly be said to have been committed for gain.

CA (Crim Div) (Lord Phillips of Worth Matravers, Walker J, Jackson J)

04/12/2006