The defendant had been convicted of robbery. Evidence suggested that he may had had with him a firearm. He appealed an automatic life sentence for a second serious offence.
Held: In order for an offence to come within the section, either the defendant had to have admitted carrying a firearm or imitation forearm, or the jury had to have returned a special verdict making an explicit finding that he had a firearm with him.
Judges:
Lord Justice Rix, Mr Justice Poole, Mr Justice Stanley Burnton
Citations:
[2004] EWCA Crim 2999, Times 21-Dec-2004
Links:
Statutes:
Powers of Criminal Courts (Sentencing) Act 2000 109
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Benfield; Regina v Sobers CACD 21-Jul-2003
The defendants appealed life sentences for second serious offences under s109. They had been convicted of robbery.
Held: The offence of robbery existed at the time when the 200 Act was created, and it was inconceivable that the new Act . .
Cited – Regina v Murphy CACD 31-May-2002
. .
Cited – Regina v Eubank CACD 3-May-2001
Where a defendant admitted robbery but denied having a firearm, the judge held a Newton trial to decide the issue. The defendant appealed, saying that such a serious issue should properly have been tried as a separate count on the indictment, and he . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 27 June 2022; Ref: scu.219900