Brian Russell v The King
On June 19, 2015, the applicant (Brian Russell) was convicted in the High Court Division of the Gun Court for (i) illegal possession of firearm, contrary to section 20(1)(b) of the Firearms Act; and (ii) robbery with aggravation, contrary to section 37(1)(a) of the Larceny Act. On June 26, 2015, he was sentenced to 11 years’ imprisonment for illegal possession of firearm and 8 years’ imprisonment for robbery with aggravation, with the sentences to run concurrently.
Mr. Russell, being dissatisfied with the outcome of his trial, filed an application for leave to appeal against his conviction and sentences. This was refused by a single judge of the Court of Appeal on October 21, 2022. As is his right, the applicant renewed his application.
On July 31, 2023, the Court of Appeal made the following orders:
The application for leave to appeal against conviction and sentence is granted.
The hearing of the application is treated as the hearing of the appeal.
The appeal is allowed.
The convictions are quashed, and the sentences are set aside.
A judgement and verdict of acquittal are entered.
Clink the link below to see the full judgement.
