Ginar, R. v [2023] EWCA Crim 1121 (26 September 2023)
The applicant's repeated attempts to enter and remain in the UK made his current offence more serious and justified treating his immigration history as an aggravating factor; the sentence of 12 months, reduced to eight for a guilty plea, was not manifestly excessive.
Source-derived case information.
- Citation
- [2023] EWCA Crim 1121
- Parties
- Applicant: Aydin Ginar; Respondent: Rex (The Crown)
- Jurisdiction
- England and Wales
- Judgment Date
- 26 September 2023
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Sentence, Heard by Full Court
- Outcome
- Application for leave to appeal against sentence refused
- Legal Topics
- Sentencing for Illegal Entry, Aggravating and Mitigating Factors, Guidance on New Immigration Offences
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aydin Ginar
Applicant
Rex (The Crown)
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence, Heard by Full Court
Legal Issues
- 1 Whether the applicant's immigration history was properly treated as an aggravating factor
- 2 Whether the sentence imposed was manifestly excessive
Ratio Decidendi
The applicant's repeated attempts to enter and remain in the UK made his current offence more serious and justified treating his immigration history as an aggravating factor; the sentence of 12 months, reduced to eight for a guilty plea, was not manifestly excessive.
Court Disposition
Application for leave to appeal against sentence refused
Orders
- Application for leave to appeal refused
- Request for expedited transcript preparation
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