The defendant appealed against his sentence for having committed a murder during the course of a burglary. He said that it had been committed only to allow him to escape, and was therefore not for gain within the meaning of the section.
Held: The argument was sophistry: ‘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 it could properly be said to be committed for gain.’ However, here there had been no premeditated intention to kill, and the sentence could be reduced from 27 to 24 years before consideration for release.
Judges:
Lord Phillips of Worth Matravers, Lord Chief Justice, Mr Justice Jackson and Mr Justice Walker
Citations:
Times 15-Dec-2006
Statutes:
Criminal Justice Act 2003 5(2)(c)
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 17 May 2022; Ref: scu.247521