Osman, R. v [1998] EWCA Crim 1844 (09 June 1998)

Osman, R. v [1998] EWCA Crim 1844 (09 June 1998)

The seriousness and prevalence of using false passports to circumvent immigration controls require custodial sentences to deter such conduct, even where the offender is under personal pressure such as pending asylum claims.

Citation
[1998] EWCA Crim 1844
Parties
Prosecution: Regina; Appellant: Ali Osman
Jurisdiction
England and Wales
Judgment Date
09 June 1998
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Forgery, Use of False Instrument, Sentencing, Immigration Offences
Criminal Law Forgery Use of False Instrument Sentencing Immigration Offences

Case Brief

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Parties

Regina

Prosecution

Ali Osman

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 What is the appropriate sentence for using a false passport to attempt to leave the country?
  2. 2 Should personal circumstances such as asylum status mitigate the sentence for forgery offences?

Ratio Decidendi

The seriousness and prevalence of using false passports to circumvent immigration controls require custodial sentences to deter such conduct, even where the offender is under personal pressure such as pending asylum claims.

Court Disposition

Appeal dismissed

Orders

  • Sentence of nine months' imprisonment upheld