Jimmy Mukendi [2019] EWCA Crim 911

The applicant pleaded guilty to two counts of possession of class A with intent to supply, two counts of having a bladed article and two counts of firearms offences (one a prohibited weapon attracting the mandatory minimum sentence of 5 years). He was sentenced to 7 years’ imprisonment.

A basis of plea was put forward suggesting he suspected he was in possession of drugs and weapons that he collected for another, but did not know, and a psychological report found him to be of very low intelligence and high suggestibility.

The ground for appeal was that as he lacked actual knowledge that what he had was a gun the judge could have found exceptional circumstances to impose a lesser sentence than the mandatory 5 years.

The question is whether 7 years overall, however structured, was manifestly excessive and the Court could not accept that it was. This was temporary possession as custodian of a prohibited firearm connected with the supply of drugs by an “admittedly suggestible and inadequate individual but one who had already acquired a significant record of previous offending. It is, sadly, all too common a story, and not a case of exceptional circumstances.”

“For our part, indeed, we do not regard it as on the severe side except in the sense that it is severe as intended and required by Parliament given the involvement of a prohibited firearm.”