Source: All England Reporter
Publisher Citation: [2008] All ER (D) 74 (Jul)
Neutral Citation: [2008] EWCA Crim 192
Court: Court of Appeal, Criminal Division
Judge:

Wilkie and Wyn Williams JJ

Representation Nathalie Carter (assigned by Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 24 January 2008

Catchwords

Sentence - Deportation - Recommendation - Exercise of discretion - Defendant charged with making a false representation for financial gain and using a false instrument - Judge imposing concurrent sentences of imprisonment and recommending defendant's deportation - Whether judge erring in making recommendation.

The Case

Sentence Deportation. Where the defendant was charged with making a false representation for financial gain and using a false instrument when he had sought to rely on a false passport to prove his eligibility to work in the United Kingdom, the judge had not taken into account that that passport had not been used as a basis for his entry and stay in the UK nor the facts that he had spent six years in the UK without having committed any offences, that he had a heavily pregnant partner and a daughter, and that he had maintained contact with the Home Office throughout the time of his stay in the UK, before he made a recommendation for the defendant's deportation. Accordingly, the recommendation was quashed.

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