Ginar, R. v [2023] EWCA Crim 1121 (26 September 2023)

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
Criminal Law Immigration Law Sentencing for Illegal Entry Aggravating and Mitigating Factors Guidance on New Immigration Offences

Source-derived case record

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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

  1. 1 Whether the applicant's immigration history was properly treated as an aggravating factor
  2. 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