Kyei, R. v [2024] EWCA Crim 341 (20 March 2024)

Kyei, R. v [2024] EWCA Crim 341 (20 March 2024)

The applicant had possession of the ammunition because he had control over the vehicle and the box for a sufficient period, had opportunity to inspect the contents, and the law imposes strict liability regardless of knowledge; the facts did not support a 'plant' defence requiring jury consideration.

Citation
[2024] EWCA Crim 341
Parties
Prosecution: Rex; Applicant: Christopher Kyei
Jurisdiction
England and Wales
Judgment Date
20 March 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Conviction
Outcome
renewed application for leave to appeal refused
Legal Topics
Possession of Ammunition, Strict Liability, Firearms Act 1968, Definition of Possession, Container Doctrine
Criminal Law Possession of Ammunition Strict Liability Firearms Act 1968 Definition of Possession Container Doctrine

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Parties

Rex

Prosecution

Christopher Kyei

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Conviction

Legal Issues

  1. 1 Whether the applicant was 'in possession' of ammunition found in his vehicle under section 1(1)(b) Firearms Act 1968
  2. 2 Whether knowledge of the contents is required for possession under section 1 offences
  3. 3 Whether the concept of 'container' extends to vehicles for the purposes of possession

Ratio Decidendi

The applicant had possession of the ammunition because he had control over the vehicle and the box for a sufficient period, had opportunity to inspect the contents, and the law imposes strict liability regardless of knowledge; the facts did not support a 'plant' defence requiring jury consideration.

Court Disposition

renewed application for leave to appeal refused

Orders

  • Applicant to pay reasonable costs of transcripts in the sum of £56.70 under section 18(6) of the Prosecution of Offences Act 1985