R v Tony Deeprose

R v Tony Deeprose

A car or other vehicle can be a weapon for the purposes of Schedule 21 if it is taken to the scene with the intention of using it as a weapon, and is so used. The sentencing judge is entitled to find high culpability in such cases, and the statutory starting points and uplifts are appropriate. Sentences must be properly pronounced in open court, including ancillary orders such as disqualification.

Parties
Respondent: Rex; Applicant: Tony Deeprose; Appellant: Nicholas Papworth
Jurisdiction
England and Wales
Judgment Date
22 November 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence and Conviction
Outcome
Appeal by Papworth against conviction and sentence dismissed; appeal by Deeprose against sentence dismissed; disqualification order against Deeprose quashed as not lawfully pronounced.
Legal Topics
Sentencing, Murder, Attempted Murder, Use of Vehicle as Weapon, Dangerous Driving, Appeal Procedure
Criminal Law Sentencing Murder Attempted Murder Use of Vehicle as Weapon Dangerous Driving Appeal Procedure

Case Brief

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Parties

Rex

Respondent

Tony Deeprose

Applicant

Nicholas Papworth

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence and Conviction

Legal Issues

  1. 1 Whether a vehicle can be considered a weapon 'taken to the scene' under Schedule 21 of the Sentencing Act 2020 for the purposes of sentencing for murder or attempted murder
  2. 2 Appropriate categorisation of culpability when a vehicle is used as a weapon
  3. 3 Correctness of sentencing decisions in the cases of Deeprose and Papworth, including findings of dangerousness and extended sentences

Ratio Decidendi

A car or other vehicle can be a weapon for the purposes of Schedule 21 if it is taken to the scene with the intention of using it as a weapon, and is so used. The sentencing judge is entitled to find high culpability in such cases, and the statutory starting points and uplifts are appropriate. Sentences must be properly pronounced in open court, including ancillary orders such as disqualification.

Court Disposition

Appeal by Papworth against conviction and sentence dismissed; appeal by Deeprose against sentence dismissed; disqualification order against Deeprose quashed as not lawfully pronounced.

Orders

  • Papworth: Application for leave to appeal conviction refused; appeal against sentence dismissed; minimum term for murder confirmed as 33 years 106 days.
  • Deeprose: Leave to appeal granted; appeal against sentence dismissed; disqualification from driving quashed.