Imran Khan [2019] EWCA Crim 1044

The appellant was on licence from prison having served 14 years of a sentence of life imprisonment for murder. He was sentenced to 18 months’ imprisonment for possession of a small lock knife with a two and a quarter inch blade.

His defence at trial was that the knife was normally on his keyring for legitimate purposes and had become detached when he dropped his keys. The appellant had a bad record for carrying weapons and offences of violence.

The appellant had been recalled and the judge acknowledged that at no time had the knife been produced nor had he threatened to produce it, but it was available and was a serious offence particularly given the appellant’s record.

Held: the grossly aggravating feature of this case was the appellant’s record, on four separate occasions before he was convicted of murder he had been found in possession of an offensive weapon or firearm in a public place, the murder itself involved use of a bladed instrument. The appeal was dismissed.