Video: Harlesden gunman loses appeal against 34-year prison sentence
PUBLISHED: 14:47 06 March 2014 | UPDATED: 14:58 06 March 2014
A Harlesden gunman who blasted a rival in the face in a revenge attack has failed in an appeal bid to have his sentence reduced.
Kevin Powell, 38, of Larix Court, shot Michael Smith five times in Forest Gate, east London, “in retaliation” for Smith murdering two of his friends outside the Sugar Lounge nightclub minutes before.
He was jailed for 34 years by Judge Brian Barker QC at the Old Bailey in September, 2012, after he was convicted of attempted murder and possession of a prohibited weapon with intent to endanger life.
Yesterday, three of the country’s most senior judges at London’s Appeal Court rejected a sentence challenge by Powell, branding claims his tough jail term was excessive as “unarguable”.
Lady Justice Sharp said Smith gunned down Patrick Ford, 36, and Eugene Brown, 27, outside the club in May 2010, after Mr Brown had fired a weapon inside the nightclub.
Immediately after the double shooting, Powell armed himself with a hand gun and chased Smith “with the intention of killing him in retaliation” shooting him “a number of times”.
But Smith managed to run away and turn a corner before Powell blasted him again from behind and in his face.
However, Smith escaped, diving into a car, before being rushed to hospital, the appeal judge said.
He survived the “prolonged and determined” attack, which was captured on CCTV, but was later handed a life sentence after he was found guilty of murdering Mr Brown and Mr Ford.
Powell’s barrister, Icah Peart QC, argued that the attack was “undoubtedly provoked” and that his sentence was “manifestly excessive”.
But Lady Justice Sharp, sitting with Sir Richard Henrique and Mr Justice Silber, said: “We do not consider that there are arguable grounds to criticise the sentence that was imposed.”