Marc Murray [2019] EWCA Crim 1535

The applicant was convicted of conspiracy to possess a firearm with intent to endanger life. He was sentenced to an extended sentence of 25 years, comprising a custodial term of 20 years. He sought an extension of 448 days in which to apply for leave to appeal.

The main planks of the prosecution case were that the applicant arranged for the shooting of a man by others, he had a motive to do so, and a propensity to be violent and jealous. He supplied the same gun to a gang and had a propensity to possess and offer to supply firearms.

The grounds of appeal raised to points. First, that no jury, properly directed, could have concluded there was a single agreement in relation to the firearm. Second, there were two entirely separate agreements. Accordingly, there should have been a submission of no case to answer at the close of the prosecution case.

The case was put on the basis that there was an agreement between the two groups that the firearm would be used by whichever member of the linked groups needed it at the time. That is not to say that two conspiracies could not have been charged. The directions made it clear that the jury had to be sure there was a single agreement to which the applicant was a party, knowing that the agreement was to possess a firearm with the necessary intent.

The renewed application was refused.