Yusuf & Ors, R v

Yusuf & Ors, R v

The judge's summing up, when considered in context with written directions and route to verdict, did not improperly narrow the issues or invite speculation; convictions are safe. For McLean, the sentencing judge was not entitled to find knowledge of a firearm absent a jury verdict or count; sentence must be imposed...

Source-derived case information.

Parties
Respondent: The Queen; Applicant: Samir Yusuf; Applicant: Devana Palmer; Appellant: Kurt McLean
Jurisdiction
England and Wales
Judgment Date
25 July 2014
Procedural Posture
Criminal Appeal / Judgment on Renewed Applications for Leave to Appeal and Appeal Against Sentence
Outcome
Renewed applications for leave to appeal against conviction refused; appeal against sentence allowed in part.
Legal Topics
Murder, Conspiracy to Rob, Sentencing, Joint Enterprise, Firearms Offences
Criminal Law Murder Conspiracy to Rob Sentencing Joint Enterprise Firearms Offences

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Parties

The Queen

Respondent

Samir Yusuf

Applicant

Devana Palmer

Applicant

Kurt McLean

Appellant

Procedural Posture

Criminal Appeal / Judgment on Renewed Applications for Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 Whether the judge's summing up improperly narrowed the issues to a single factual question
  2. 2 Whether the judge's comments amounted to an impermissible invitation to speculate
  3. 3 Whether the sentencing judge was entitled to find knowledge of a firearm for the purposes of conspiracy to rob absent a jury verdict

Ratio Decidendi

The judge's summing up, when considered in context with written directions and route to verdict, did not improperly narrow the issues or invite speculation; convictions are safe. For McLean, the sentencing judge was not entitled to find knowledge of a firearm absent a jury verdict or count; sentence must be imposed on the basis of no knowledge of firearm, applying the middle category of the guideline with aggravating features.

Court Disposition

Renewed applications for leave to appeal against conviction refused; appeal against sentence allowed in part.

Orders

  • Convictions of Yusuf and Palmer upheld.
  • Sentence imposed on McLean quashed and substituted with 5 years and 7 months' imprisonment, less time spent on remand.