R v Reyon Vincent & Anor
[2024] EWCA Crim 258
R v Christopher Kyei
20 March 2024
[2024] EWCA Crim 341
Court of Appeal
A man was found with bullets in his car. He said someone else put them there, but the court said he knew the box was there and should have checked what was inside. Because the law says you're responsible even if you don't know exactly what's in something you possess, he was found guilty.
Key Facts
- •Christopher Kyei pleaded guilty to possessing ammunition without a firearm certificate (Firearms Act 1968, section 1(1)(b)).
- •Ammunition was found in a shoebox in Kyei's car boot.
- •Kyei claimed the box was placed there by Abukor, who had panicked during a video shoot.
- •Kyei's fingerprints were on the box; he admitted moving it.
- •The trial judge ruled Kyei had no legal defense.
- •Kyei's appeal challenged the judge's ruling on possession and the application of legal principles from previous cases (R v Zahid, R v Hannat Hassan, R v Bradish).
Legal Principles
Sections 1 and 5 of the Firearms Act 1968 impose strict liability.
R v Zahid [2010] EWCA Crim 2158; R v Bradish [1990] QB 981
A vehicle can be considered a 'container' for the purposes of possession offences.
R v Hannat Hassan [2022] EWCA Crim 786
Possession of a container is possession of its contents; a defendant cannot claim ignorance of the contents unless the item was truly 'planted' without opportunity for control.
R v Bradish [1990] QB 981
In 'planted' article cases, the prosecution must prove the defendant had knowledge of the item's presence in their possession.
Various cases, including discussion of Warner v Metropolitan Police Commissioner [1969] 2 AC 256 and R v Deyemi and Edwards [2008] 1 Cr App R 25
Outcomes
Appeal dismissed.
The court found Kyei's awareness of the box, and his opportunity to inspect its contents, negated a 'planted' defense. The established legal principles of strict liability under the Firearms Act 1968 applied. The court also found the previous cases did not support Kyei's claim.
Order for Kyei to pay £56.70 for transcripts.
This was made under section 18(6) of the Prosecution of Offences Act 1985.