R v Faisel Khalil
[2024] EWCA Crim 810
R v Jaydah Luke-Smith
17 April 2024
[2024] EWCA Crim 424
Court of Appeal
A woman was found with loaded guns in her home. She said she didn't know they were there. The judge gave her a two-year prison sentence, even though guidelines suggest a shorter sentence in similar cases. The appeal court agreed with the judge's decision, saying the seriousness of the crime justified the length of sentence, despite her difficult circumstances.
Key Facts
- •Jaydah Luke-Smith pleaded guilty to possessing prohibited firearms and ammunition.
- •Two loaded handguns were found in her bedroom.
- •Luke-Smith claimed unawareness of the guns' presence in a bag brought to her home by Jordan Turner.
- •The prosecution accepted Luke-Smith had no actual knowledge of the bag's contents.
- •The judge held a Newton hearing to determine issues of fact regarding Luke-Smith's knowledge of Turner's criminal activities.
- •The judge found Luke-Smith knew of Turner's past convictions for drug trafficking and firearm possession.
- •The judge found Luke-Smith was suspicious of the bag's contents due to her knowledge of Turner's criminal activities.
- •The judge found exceptional circumstances existed, allowing him to avoid the mandatory minimum sentence.
- •The judge sentenced Luke-Smith to two years' imprisonment, considering mitigating factors and reducing the sentence for her guilty plea.
- •Luke-Smith appealed the sentence, arguing the judge misapplied sentencing guidelines and erred in not suspending the sentence.
Legal Principles
Mandatory minimum sentence of five years for possessing prohibited firearms unless exceptional circumstances are shown.
Sentencing Council Guidelines
Judges must give reasons for sentences, particularly when exceptional circumstances are found and the statutory minimum is avoided.
Section 52(2) of the Sentencing Code 2020 and Otero [2023] EWCA Crim 981
Paragraph 14 of the Sentencing Council Guideline is discretionary, not mandatory. It suggests using Table 2's sentencing range when exceptional circumstances are found but doesn't require it. The judge must provide reasons for their approach.
Sentencing Council Guideline paragraph 14, Otero [2023] EWCA Crim 981
Outcomes
Appeal dismissed.
The Court of Appeal found the judge's application of the sentencing guidelines and reasons for not suspending the sentence were justified. While acknowledging the difficult circumstances, the seriousness of the offence and the potential danger warranted the sentence.
Leave to appeal granted, but appeal ultimately dismissed.
The court found the judge permissibly considered the dangerousness of the weapons and the heightened culpability when choosing not to apply Table 2's sentencing range, and the two-year sentence wasn't manifestly excessive or wrong in principle. The judge provided sufficient reasons for not suspending the sentence.