CRIMINAL DIVISION
Strand London WC2A 2LL |
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B e f o r e :
MR JUSTICE MORRIS
HIS HONOUR JUDGE PETER JOHNSON
(Sitting as a Judge of the CACD)
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REX | ||
v | ||
JAYDAH LUKE-SMITH |
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Lower Ground Floor, 46 Chancery Lane, London, WC2A 1JE
Tel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk
(Official Shorthand Writers to the Court)
MR M BROOK KC appeared on behalf of the Crown
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Crown Copyright ©
"... he personal circumstances of this appellant explain why she was chosen to keep this dangerous weapon. There was nothing exceptional or even unusual about the decision [in this case] to leave the appellant with his gun. She was precisely the sort of person chosen as a storekeeper by those who trade in and use illegal weapons. If this court were to hold that the appellant's personal circumstances were exceptional, then the point and purpose of this legislation, and the statutory minimum term, would immediately be lost."
"The court may find it useful to refer to the range of sentences under culpability A of Table 2 (Offences not subject to the statutory minimum sentence) in step 2 above. The court should impose a sentence that is appropriate to the individual case."
"... a relevant factor is ... that it would not be appropriate to suspend the sentence [because] appropriate punishment can [only] be achieved by immediate custody."
The Recorder was satisfied that this was such a case. He noted that the culpability of Miss Jaydah Luke-Smith was much reduced but it was not extinguished.