Deeprose, R. v [2024] EWCA Crim 1431 (22 November 2024)

Deeprose, R. v [2024] EWCA Crim 1431 (22 November 2024)

A vehicle can be a weapon 'taken to the scene' for purposes of Schedule 21 if the offender drives it to the location with intent to use it as a weapon; sentencing must reflect this high culpability. Disqualification orders must be announced in open court by the judge and not delegated to counsel for calculation.

Source-derived case information.

Citation
[2024] EWCA Crim 1431
Parties
Respondent: Rex; Applicant: Tony Deeprose; Appellant: Nicholas Papworth
Jurisdiction
England and Wales
Judgment Date
22 November 2024
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Papworth's renewed application for leave to appeal against conviction refused; appeal against sentence dismissed. Deeprose's appeal against sentence dismissed; leave granted but appeal rejected.
Legal Topics
Murder, Attempted Murder, Use of Vehicle as Weapon, Sentencing Guidelines, Dangerous Driving, Disqualification From Driving
Criminal Law Sentencing Murder Attempted Murder Use of Vehicle as Weapon Sentencing Guidelines Dangerous Driving Disqualification From Driving

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Parties

Rex

Respondent

Tony Deeprose

Applicant

Nicholas Papworth

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a vehicle can be considered a weapon 'taken to the scene' under Schedule 21 of the Sentencing Act 2020
  2. 2 Appropriate sentencing categorisation for murder and attempted murder involving use of a vehicle
  3. 3 Lawfulness of disqualification order in dangerous driving sentence

Ratio Decidendi

A vehicle can be a weapon 'taken to the scene' for purposes of Schedule 21 if the offender drives it to the location with intent to use it as a weapon; sentencing must reflect this high culpability. Disqualification orders must be announced in open court by the judge and not delegated to counsel for calculation.

Court Disposition

Papworth's renewed application for leave to appeal against conviction refused; appeal against sentence dismissed. Deeprose's appeal against sentence dismissed; leave granted but appeal rejected.

Orders

  • Papworth: Life imprisonment for murder with minimum term of 33 years 106 days; concurrent sentences for attempted murder and perverting justice.
  • Deeprose: Extended determinate sentence of 30 years (27 years custody, 3 years extended licence); concurrent sentences for attempted murder and dangerous driving; no disqualification from driving due to procedural error; court order to be corrected.