Musse, R. v [2024] EWCA Crim 1012 (25 July 2024)

Musse, R. v [2024] EWCA Crim 1012 (25 July 2024)

An uplift from the guideline starting point was warranted due to the appellant's criminal record, but the increase imposed was disproportionate. The appropriate sentence after trial would have been 18 months, reduced to 12 months for early guilty plea. The original sentence was manifestly excessive and should be...

Source-derived case information.

Citation
[2024] EWCA Crim 1012
Parties
Prosecution: Rex; Appellant: Afewerki Musse
Jurisdiction
England and Wales
Judgment Date
25 July 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Illegal Entry, Sentencing, Immigration Offences, Criminal Record, Mitigation
Criminal Law Immigration Law Illegal Entry Sentencing Immigration Offences Criminal Record Mitigation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Rex

Prosecution

Afewerki Musse

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether undue weight was given to previous convictions
  3. 3 Whether sufficient weight was given to mitigation

Ratio Decidendi

An uplift from the guideline starting point was warranted due to the appellant's criminal record, but the increase imposed was disproportionate. The appropriate sentence after trial would have been 18 months, reduced to 12 months for early guilty plea. The original sentence was manifestly excessive and should be reduced.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 20 months' imprisonment quashed
  • Substituted sentence of 12 months' imprisonment imposed