Bennett & Ors, R. v
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LORD JUSTICE JACKSON
- MRS JUSTICE NICOLA DAVIES DBE
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
Between 23rd April to 1st May 2012, Chingford experienced a series of gun-related crimes involving rival groups. Various defendants, including Marcus Paul and Kori Bennett, were tried and convicted for conspiracy to possess firearms and ammunition. Appeals were made on grounds of judicial error related to a written chronology given to the jury and the appropriateness of sentences. While the court acknowledged it is generally inappropriate for judges to provide such documents, they found the convictions were not unsafe. Sentence appeals yielded mixed results, with adjustments for some appellants.
J U D G M E N T
LORD JUSTICE JACKSON: This judgment is in four parts, namely:
Part 1. Introduction;
Part 2. The facts;
Part 3. The criminal proceedings;
Part 4. The appeal to Court of Appeal.
Part 1. Introduction
This is a group of appeals against conviction and sentence arising out of firearms offences committed in Chingford, East London, during 2012. The principal issue in these appeals is whether the judge erred in preparing and distributing to the jury a written chronology as a hand out to accompany his summing-up. There are also issues concerning length of sentence and whether the judge should have imposed extended sentences on certain defendants.
This appeal has been argued today with great skill by counsel for the four appellants and for the prosecution. Where issues overlapped counsel avoided repetition. That was commendable and it assists the court as well as the defence. There is no benefit in repetition of the same point in different words.
In the course of this judgment we may from time to time use the abbreviation "GSR" for gunshot residue, that being an abbreviation which was used in the trial and appears in some of the documents.
After these introductory remarks we must now turn to the facts.
Part 2. The facts
Between 23rd April and 1st May 2012 there was a series of incidents involving shootings and criminal damage in Chingford, East London. Luckily no one was injured but it might have been otherwise. These incidents began with a burglary at 159 Blue House Road. A young man called Kori Bennett was in residence, but the house belonged to his aunt who was away for a few days. Kori Bennett is the younger brother of Anthony Bennett, who is one of the appellants before this court.
On the night of 24th to 25th April there was a fierce conflict between what appeared to be two rival groups. Just after midnight bricks were thrown through the ground floor windows of 41 Nelson Road. This was the home of Mr Malcolm Paul and his wife, Ramona Paul. They are the parents of Marcus Paul who is another appellant before this court.
The people who threw the bricks through the windows of the house did not stop there. They also smashed the windscreen and front passenger window of a Ford Focus car parked outside. That belonged to Mr Malcolm Paul.
About an hour and half later, at 1.45 am, several shots were fired into the house at 55 Hazel Way, Chingford. This was the home of Mr and Mrs Ibeawuchi. They had a son called Ritchie Ibeawuchi, who will fe