Adebayo, R. v [2007] EWCA Crim 878 (17 April 2007)

Adebayo, R. v [2007] EWCA Crim 878 (17 April 2007)

The sentence of two years' imprisonment was manifestly excessive given the established sentencing bracket of twelve to eighteen months for possession of false identity documents with intent to deceive; a sentence of fifteen months' imprisonment concurrent on each count is appropriate.

Citation
[2007] EWCA Crim 878
Parties
Prosecution: Regina; Appellant: Adekunle Adebayo
Jurisdiction
England and Wales
Judgment Date
17 April 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Possession of False Identity Documents, Sentencing Guidelines, Deportation Recommendation
Criminal Law Immigration Law Possession of False Identity Documents Sentencing Guidelines Deportation Recommendation

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Parties

Regina

Prosecution

Adekunle Adebayo

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of two years' imprisonment for possession of false identity documents with intent to deceive was manifestly excessive
  2. 2 Appropriate sentencing bracket for offences under section 25 of the Identity Cards Act 2006

Ratio Decidendi

The sentence of two years' imprisonment was manifestly excessive given the established sentencing bracket of twelve to eighteen months for possession of false identity documents with intent to deceive; a sentence of fifteen months' imprisonment concurrent on each count is appropriate.

Court Disposition

appeal allowed in part

Orders

  • Sentence of two years' imprisonment quashed
  • Sentence of fifteen months' imprisonment substituted, concurrent on each count