R v Durrell-Smith (Appellant)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

UKSC/2026/0060

Parties

Appellant(s)

Kimani Durrell Smith

Respondent(s)

The Crown Prosecution Service

Issue

If two people exchange gunfire and one gunman’s shot hits an innocent bystander, what are the circumstances in which the other gunman could be criminally liable for the injury to the victim?

Facts

Kimani Durell-Smith (“the appellant”) and Aaron Nubie both suffered gunshot wounds after they fired at each other with 9mm handguns. In the early hours of 23 March 2024, the appellant and Aaron Nubie had a verbal altercation in a nightclub in Aston, Birmingham. The appellant left the nightclub and went to a food stall operated by Garth Pantry. Aaron Nubie followed. The appellant was standing near the food stall and was buying food when Aaron Nubie approached him. Seconds later both the appellant and Aaron Nubie fired their guns towards each other. The appellant’s gun was fired first but very shortly afterwards, within a second, Aaron Nubie fired twice at the appellant. Aaron Nubie fired a further two times and began to run away. The appellant fired his gun once more towards Aaron Nubie as he ran. The first shot by the appellant struck Aaron Nubie to the left hand, chin and neck. Aaron Nubie’s first shot struck the appellant in the shoulder, the bullet passing through him and striking Garth Pantry, who was directly behind the appellant. It injured Garth Pantry to his left shoulder and passed through his body. The prosecution’s case was that both the appellant and Aaron Nubie were aggressors and neither of them acted in self-defence. On 7 October 2025, the appellant was convicted of two counts of wounding with intent contrary to section 18 of the Offences against the Person Act 1961. These were Counts 5 (wounding Aaron Nubie with intent) and 8 (wounding Garth Pantry with intent) on the Indictment. These were lesser alternatives to the charges of attempted murder. He was acquitted of those two counts. He had also previously pleaded guilty to possession of a prohibited firearm. Aaron Nubie was likewise convicted of two counts of wounding with intent in relation to the appellant and Garth Pantry. The appellant appealed his conviction on Count 8, relating to the shooting of Garth Pantry, and the Court of Appeal dismissed his appeal. He now seeks permission to appeal to the Supreme Court.