When does a vehicle constitute a weapon?
In the recent landmark case of R v Deeprose (and Papworth) [2024] EWCA Crim 1431, the Court of Appeal was required to consider in what circumstances ‘a vehicle’ driven to the scene of a murder or an attempted murder, can constitute ‘a weapon’ for sentencing purposes.
The structured approach to sentencing in murder cases is set out in Schedule 21 of the Sentencing Code 2020.
Although a life sentence must be imposed in a murder case, the tariff (the minimum amount of prison time an offender must serve) will attract a starting point which will vary depending a number of specified factors
Assessing culpability is vital as culpability will largely determine the applicable starting point.
If a knife or weapon is taken to the scene, this will constitute high culpability and so the starting point will be increased to reflect this.
The Court of Appeal observed that the current sentencing framework is not limited to knives or offensive weapons but any weapon, for which a vehicle might be included. This is significant.
The Court of Appeal further observed that the vehicle used must represent more than a mere mode of transport. The vehicle must be intended to be used as a weapon AND then used as a weapon to commit a murder or an attempted murder.
Clearly, each case will be assessed on its own individual facts and so the trial judge would be expected to make a factual finding on the evidence. It must be recognised that the Court of Appeal will seldom interfere with the trial judge’s factual finding.
As above, the crucial issue for determination will always be the offender’s intention at the time of driving the vehicle to the scene and the use to which it is put.
In determining this crucial issue, their Lordships were required to carefully consider Paragraph 4 of Schedule 21 of the Sentencing Act 2020 and found as follows:
- The term “taking a knife to the scene” is often used when considering whether a case falls within paragraph 4 of Schedule 21. Because many offences of murder or attempted murder are committed by the use of a knife, it is convenient shorthand. Often, the critical issue is whether the offender took the knife to the scene or whether he picked it up and used it almost immediately. The distinction between the two situations sometimes can be a fine one. Various possible scenarios were discussed in R v Dillon [2015] EWCA Crim 3. This discussion is of no assistance in resolving the point raised by Mr Sherratt. His submission is that a car cannot be a weapon taken to the scene in any circumstances.
- The full description set out in paragraph 4(2) of schedule 21 is not restricted to knives. It also relates to any “other weapon”. It has been applied to a stick and a bottle (R v Howson [2016] EWCA Crim 655), a hammer (R v Thompson [2012] EWCA Crim 135), and even a rolling pin (R v Singer [2014] EWCA Crim 1322). Since a car undoubtedly can be a weapon (see R v Beckford [2014] EWCA Crim 1299 [2014] 2 Cr App R (S) 34) we can see no reason why it should be incapable of being taken to the scene.
- For the use of a car to come within paragraph 4 in any given case, the offender must have taken the car to the scene. The car must have been taken to the scene with the intention of committing an offence or having it available to use as a weapon. The car must have been used as a weapon to commit the murder or attempted murder. So long as those matters are proved, the offender will fall within paragraph 4 of Schedule 21.
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