R v Aydin Ginar

R v Aydin Ginar

The applicant's repeated efforts to enter and remain in the UK made his current attempt significantly more serious, justifying treatment as an aggravating factor; the sentence imposed was not manifestly excessive and followed appropriate sentencing principles.

Parties
Applicant: Aydin Ginar; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence
Outcome
Application for leave to appeal refused
Legal Topics
Attempted Illegal Entry, Sentencing Guidelines, Aggravating and Mitigating Factors
Criminal Law Immigration Law Attempted Illegal Entry Sentencing Guidelines Aggravating and Mitigating Factors

Case Brief

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Parties

Aydin Ginar

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence

Legal Issues

  1. 1 Whether previous immigration history can be treated as an aggravating factor
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The applicant's repeated efforts to enter and remain in the UK made his current attempt significantly more serious, justifying treatment as an aggravating factor; the sentence imposed was not manifestly excessive and followed appropriate sentencing principles.

Court Disposition

Application for leave to appeal refused

Orders

  • Preparation of transcript to be expedited
  • Judgment appropriate to be cited despite refusal of leave