R v Jaydah Luke-Smith
[2024] EWCA Crim 424
R v Faisel Khalil
4 July 2024
[2024] EWCA Crim 810
Court of Appeal
A man was sentenced to 14 years in prison for planning a shooting at a family home. He tried to appeal, arguing the sentence was too harsh and the judge misunderstood some evidence. The appeals court disagreed, saying the sentence was fair given the dangerous crime and the man's past.
Key Facts
- •Faisal Khalil convicted of conspiracy to possess a firearm with intent to endanger life (Criminal Law Act 1977, s.1(1)).
- •Co-accused, Shakeal Rehman, also convicted of the same offence.
- •Sentence: 14 years' imprisonment for Khalil.
- •Offence involved discharging a shotgun at a family home, nearly hitting occupants.
- •Complainant had a previous financial dispute with Kashif Hussain, who is believed to have orchestrated the attack.
- •Khalil acted as a go-between for Hussain and the shooter, Rehman.
- •Crown initially willing to accept a guilty plea to a lesser charge (conspiracy to possess a firearm with intent to cause fear of violence).
- •Judge deemed victim's letters suggesting minimal impact to be untruthful.
- •Sentence appeal was made 13 days late, without explanation.
- •Judge considered aggravating factors: previous convictions, shortened firearm, firearm not recovered.
Legal Principles
Sentencing for conspiracy to possess a firearm with intent to endanger life.
Criminal Law Act 1977, s.1(1)
Consideration of aggravating and mitigating factors in sentencing.
Case law (implied)
Relevance of Crown's willingness to accept a plea to a lesser charge after conviction on a more serious charge.
Case law (implied)
Assessment of the genuineness of victim impact statements in sentencing.
Case law (implied)
Outcomes
Application for extension of time to renew appeal against sentence refused.
No merit in the grounds of appeal; sentence not manifestly excessive.
Appeal against sentence dismissed.
The judge's assessment of the victim impact statements, categorization of the offence, and consideration of the Crown's initial plea offer were all deemed appropriate.