Source: All England Reporter
Publisher Citation: [2005] All ER (D) 390 (Nov)
Court: Court of Appeal, Criminal Division

Scott Baker LJ, Gross J and the Recorder of Cardiff

Representation Sir Jonah Walker-Smith (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 29 November 2005


Sentence - Deportation - Recommendation - Sexual assault - Doing act tending and intended to pervert course of justice - Defendant having no previous convictions - Whether offences serious - Whether judge wrong to find defendant's continued presence in country being to its detriment.

The Case

In the instant case, where the defendant had pleaded guilty to doing an act tending and intended to pervert the course of justice, and was convicted of sexual assault, the judge had been entitled to make a recommendation for his deportation on the basis that the defendant's continued presence in the United Kingdom was to its detriment.

If you are a LexisLibrary subscriber you can read more about this case here.