Issa Seed, Daniel Mensah, Adel Yussuf vs The King

This case involved an appeal against convictions and sentences for conspiracy to cause grievous bodily harm with intent, murder, and possessing a firearm with intent to endanger life.

TLDR:

• Applicants convicted of conspiracy to cause grievous bodily harm, murder, and firearm possession.
• Appeal against convictions and sentences reviewed by the Court of Appeal.
• Convictions upheld; minor correction to the sentence of one applicant.

The charges arose from an incident on 16 July 2020, where Billy McCullagh was shot and killed during a confrontation between rival gangs in Brent, London. The applicants, members of the 'reds' gang, were accused of driving into 'blues' territory with the intent to cause serious injury.

At trial, the applicants were convicted of conspiracy to cause grievous bodily harm with intent, murder, and possessing a firearm with intent to endanger life. They were acquitted of possessing an imitation firearm with intent to cause fear of violence. Sentences included life imprisonment with minimum terms ranging from 15 to 29 years.

On appeal, the applicants challenged the sufficiency of evidence, the admissibility of previous convictions, and certain rulings made during the trial. The Court of Appeal reviewed the trial judge's decisions and found no arguable errors in the approach or conclusions. The court upheld the convictions, noting the careful assessment of evidence and the correct application of legal principles.

The court also addressed the issue of previous convictions, ruling that the evidence was relevant and admissible, and did not result in unfairness to the applicants. The music video and video on Farah's phone were deemed admissible as they provided context to the gang-related activities and associations.

Regarding the sentences, the Court of Appeal found that the trial judge correctly applied the statutory framework and guidelines. The minimum terms were deemed appropriate given the seriousness of the offences and the aggravating factors. However, a minor correction was made to Seed's sentence to account for time spent in custody pre-trial.

Legal representatives: Michael Magarian KC and John McNally; Bernard Tetlow KC and Ms Emma Akuwudike; Michael Holland KC and Andrew Frymann for the applicants. Oliver Glasgow KC and Ms Kerry Broome for the respondent.

Judicial Panel: Lord Justice Holroyde, Mr Justice Turner, and Mr Justice Bryan

Case Citation Reference: [2024] EWCA Crim 650