R v Jaydah Luke-Smith
[2024] EWCA Crim 424
R v Renee Samara Cox
23 July 2024
[2024] EWCA Crim 892
Court of Appeal
A woman was found with a gun in her bag; her boyfriend put it there secretly. She was convicted and appealed, arguing she didn't know the gun was there and her sentence was too harsh. The court decided the evidence was enough to convict her and that her sentence was fair.
Key Facts
- •Renee Samara Cox was convicted on four counts related to firearm and ammunition possession.
- •The firearm was found in her handbag in a car she was driving.
- •Her co-defendant, Donell Morgan, placed the firearm in her handbag without her knowledge.
- •Cox was sentenced to 5 years' imprisonment (with 161 days credit).
- •The appeal involved an application for an extension of time, leave to appeal against conviction, and a renewed application for leave to appeal against sentence.
- •The main ground of appeal against conviction focused on whether the jury was entitled to convict her on the basis of possession of the firearm.
- •The appeal against sentence argued for exceptional circumstances to avoid the mandatory 5-year minimum sentence.
Legal Principles
Possession includes physical possession, custody, or control. The offense of possessing a firearm is one of strict liability; ignorance of the contents is no defense.
Firearms Act 1968, s.1(1)(b), s.5(1)(aba), s.16
To prove intent to endanger life, the prosecution must show the defendant intended to endanger life, either by themselves or by enabling someone else to do so. Indifference, negligence, or recklessness is not sufficient.
Case law (implied)
In considering whether to impose a minimum sentence, the court should consider exceptional circumstances, including the nature of the firearm, the defendant's character, and history (per Avis).
Case law (Avis, cited)
Outcomes
Extension of time granted.
While the delay was attributed to the Applicant's representatives, the court decided to consider the appeals on their merits.
Leave to appeal against conviction refused.
The court found no arguable merit in most grounds of appeal. While the judge's summing-up could have been fuller regarding the defense, it adequately summarized the evidence and the jury's verdict was deemed safe.
Renewed application for leave to appeal against sentence refused.
The court agreed with the Single Judge that there were no exceptional circumstances to justify departing from the mandatory 5-year minimum sentence. The Judge considered the mitigating and aggravating factors and deemed the sentence appropriate.