Source: All England Reporter
Publisher Citation: [2008] All ER (D) 240 (Jun)
Court: Court of Appeal, Criminal Division
Judge:

Lord Phillips of Worth Matravers CJ, Goldring and Plender JJ

Representation Peter Davies (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 18 June 2008

Catchwords

Sentence - imprisonment - Length of sentence - Possessing a false identity document with intent - False passport - Use of EU passport to gain employment - Whether distinction with situation where defendant using passport to gain entry to UK - s 25(1).

The Case

In dismissing each defendant's appeal against sentences of 12months' imprisonment following their guilty pleas to possessing a false identity document with intent to use it to establish registrable facts about himself (each having used a false passport to obtain work following their unsuccessful applications for asylum), contrary to s25(1) of the the court observed that the guideline sentencing authority was not necessarily limited to circumstances in which a defendant had used a passport to gain entry into the UK. The nature of the document was not irrelevant. The possession and use of false passports was a serious matter. However, the recommendations for deportation would be quashed as the judge had failed to balance the seriousness of the offence in relation to each individual with each defendant's background.

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