Bennett & Ors, R. v

Bennett & Ors, R. v

The judge's provision of a written chronology to the jury, while not commendable and generally discouraged, did not render the convictions unsafe in this case due to the absence of significant errors, the jury's familiarity with the evidence, and the judge's clear directions. The extended sentence for Simpson was quashed as dangerousness was not established; for Paul, the extended sentence was also quashed due to his age and lack of previous convictions. Bennett's extended sentence was upheld due to his previous firearms conviction and role in the offences.

Parties
Prosecution: Regina; Appellant: Anthony Bennett; Appellant: Marcus Simpson; Appellant: Marcus Daniel Paul; Appellant: Dylan Addo
Jurisdiction
England and Wales
Judgment Date
19 November 2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals against conviction dismissed; appeals against sentence allowed in part
Legal Topics
Firearms Offences, Jury Directions, Appeal Against Conviction, Appeal Against Sentence, Dangerousness, Extended Sentences

Case Brief

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Parties

Regina

Prosecution

Anthony Bennett

Appellant

Marcus Simpson

Appellant

Marcus Daniel Paul

Appellant

Dylan Addo

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

  1. 1 Whether the judge erred in providing a written chronology to the jury and whether this rendered the convictions unsafe
  2. 2 Whether the sentences imposed, including extended sentences, were appropriate

Ratio Decidendi

The judge's provision of a written chronology to the jury, while not commendable and generally discouraged, did not render the convictions unsafe in this case due to the absence of significant errors, the jury's familiarity with the evidence, and the judge's clear directions. The extended sentence for Simpson was quashed as dangerousness was not established; for Paul, the extended sentence was also quashed due to his age and lack of previous convictions. Bennett's extended sentence was upheld due to his previous firearms conviction and role in the offences.

Court Disposition

Appeals against conviction dismissed; appeals against sentence allowed in part

Orders

  • Simpson's extended sentence of 20 years quashed and substituted with a determinate sentence of 13 years 6 months imprisonment
  • Paul's extended sentence quashed and substituted with a determinate sentence of 12 years imprisonment