Court dismisses appeal in gang-related firearm conspiracy

Introduction

The Court of Appeal has dismissed the appeal of Leon Smith, who was convicted of conspiracy to possess a firearm with intent to endanger life and to possess ammunition. The appeal was centred on fresh evidence provided by a co-defendant, Khalifa Benjamin, who was acquitted of related charges.

Background

The appellant, Leon Smith, was tried at the Central Criminal Court on charges of serious criminality, including conspiracy to possess a prohibited firearm and conspiracy to murder. The charges stemmed from gang-related activities involving the Tottenham Boys and the Hackney Turks, rival gangs in London. Smith was convicted on several counts, including conspiracy to possess a firearm with intent to endanger life and to possess ammunition.

The Appeal

Smith's appeal was based on the claim that his conviction was unsafe due to new evidence from Khalifa Benjamin, who testified that the meeting at Barrington Court, where the alleged firearm exchange took place, was actually about a drug transaction. Benjamin's account contradicted his earlier defence statement, which aligned with Smith's claim that the meeting was about viewing a stolen car.

Fresh Evidence

In his trial, Benjamin had initially stated that the meeting was about a stolen car. However, he later changed his story, claiming it was about drugs. This inconsistency was central to the appeal, as Smith argued that Benjamin's new testimony supported his innocence regarding the firearm charges.

Court's Analysis

The Court of Appeal considered the fresh evidence but found it did not render Smith's conviction unsafe. The court noted that Benjamin's revised account contradicted Smith's defence and failed to provide a credible alternative explanation for Smith's presence at Barrington Court. The court emphasised the importance of the jury's role in the original trial and found no reason to doubt their verdict.

Conclusion

The court concluded that Benjamin's evidence, even if believed, did not undermine the safety of Smith's conviction. The appeal was dismissed, and Smith's conviction on the firearm charges was upheld.

Learn More

For more information on criminal appeals, see BeCivil's guide to Criminal Appeals Law.