Aung Ko Min was convicted unanimously by a jury of attempted murder after he attacked his estranged’s wife’s new partner with a knife. Mr Min had pleaded guilty to s18 but denied an attempt to kill, and said that only the first stab wound was deliberately inflicted. The victim suffered four stab wounds which caused a pneumothorax and haemothorax.
Aung Ko Min was sentenced to 16.5 years’ imprisonment. One interesting point in relation to sentence was that the case fell within level 3 of the attempted murder guideline. The defendant had taken the knife from the kitchen to the bedroom, where he forced his way in as the victim tried to hold the door shut against him. Applying the case of R v Kelly & Ors  EWCA Crim 1462, this does not constitute bringing a knife to the scene, which would have placed the case within Level 1 of the guideline, on the basis that had the attempt been successful paragraph 5A of Schedule 21 to the CJA 2003 would have applied. Had the knife been taken out of the kitchen into the back garden, for example, a shorter distance than that to the bedroom, the case would have fallen into Level 1.