R v Jaydah Luke-Smith
[2024] EWCA Crim 424
R v Raymond Frederick Nugent
19 December 2023
[2023] EWCA Crim 1649
Court of Appeal
An elderly man was caught with lots of converted guns. He argued he didn't know they were real guns, but the court disagreed. His conviction was upheld, but his long sentence was shortened a bit because of his age and health.
Key Facts
- •Raymond Frederick Nugent (aged 73) convicted of 45 offences under the Firearms Act 1968 and pleaded guilty to 2 further offences.
- •Convictions related to possession and conversion of prohibited firearms and ammunition.
- •Nugent had a long-standing interest in guns, was a member of a gun club, and held a firearms license.
- •Police found over 20 guns in his home, many of which had been converted from blank firing guns.
- •Nugent argued he was restoring guns as ornaments and did not know they were capable of firing projectiles.
- •Expert testimony confirmed the guns were capable of firing projectiles with sufficient energy.
- •Nugent received a 7.5-year sentence, with various concurrent terms for different offences.
Legal Principles
Definition of a 'firearm' under the Firearms Act 1968.
Firearms Act 1968, section 57
Section 1(5) of the Firearms Act 1982 – defence of lack of knowledge regarding the convertibility of imitation firearms.
Firearms Act 1982, section 1(5)
Test of lethality for firearms; whether minor repairs needed to make it operable still constitutes a firearm.
Firearms Act 1968, and case law interpretation thereof.
Mandatory minimum sentence of 5 years' imprisonment for possession of prohibited weapons under the Firearms Act, unless exceptional circumstances exist.
Firearms Act 1968 and sentencing guidelines.
Considerations for determining exceptional circumstances in mandatory minimum sentence cases (Nancarrow principles).
R v Nancarrow [2019] 2 Cr App R(S) 4
Outcomes
Appeal against conviction dismissed.
The court found no arguable grounds of appeal against conviction, rejecting arguments related to the section 1(5) defence and sufficiency of evidence on manufacturing dates.
Appeal against sentence partially allowed.
While exceptional circumstances for reducing the mandatory minimum sentence were not found, the court deemed the original sentences on counts involving 5+ year terms excessive and reduced them to 5 years, thereby reducing the total sentence from 7.5 to 5 years.