R v Faisel Khalil
[2024] EWCA Crim 810
R v Sheldon Pommell
1 March 2024
[2024] EWCA Crim 291
Court of Appeal
Sheldon Pommell was found guilty of helping Richard Palmer shoot someone. He appealed, saying the judge was unfair and the evidence was weak. The appeal court disagreed, saying the trial was fair, and his 26-year sentence was appropriate.
Key Facts
- •Sheldon Pommell was convicted of attempted murder following a retrial.
- •The co-defendant, Richard Palmer, admitted to shooting the victim.
- •The prosecution argued Pommell assisted and encouraged Palmer.
- •Pommell's defense was that he was unaware of Palmer's plan and possession of a firearm.
- •Palmer testified on Pommell's behalf, claiming Pommell was uninvolved.
- •The jury was unable to reach a verdict on the charge of possession of a firearm with intent to endanger life.
- •Pommell was sentenced to 26 years' imprisonment.
- •Pommell appealed against both conviction and sentence.
Legal Principles
Evidence of an acquittal is generally not admissible as it is not legally relevant.
Common law
In joint enterprise cases, the prosecution must prove that the defendant had the necessary intention and encouraged or assisted in the commission of the offence.
Case Law (implied)
Section 23 of the Criminal Appeal Act 1968 sets out the criteria for admitting fresh evidence.
Criminal Appeal Act 1968, Section 23
Sentencing guidelines for attempted murder (Category A2).
Sentencing Council Guidelines
Outcomes
Appeal against conviction refused.
The court found no arguable grounds of appeal against conviction. The summing-up was fair, the judge's directions were not deficient, and the conviction was not against the weight of the evidence. The application to adduce fresh evidence was also refused.
Appeal against sentence refused.
The sentence of 26 years' imprisonment was within the guideline range and not manifestly excessive. While the judge's consideration of Pommell's potential possession of the gun was questionable, the overall sentence was deemed just and proportionate.