Jamalov, R. v

Jamalov, R. v

Producing a false identity document with the correct name falls within section 25(1)(a) of the Identity Cards Act 2006, as the intention to use the document for establishing identity is sufficient for conviction.

Parties
Respondent: Regina; Appellant: Elmar Jamalov
Jurisdiction
England and Wales
Judgment Date
09 February 2010
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal against conviction dismissed; sentence reduced
Legal Topics
False Identity Documents, Sentencing, Intent, Identity Cards
Criminal Law False Identity Documents Sentencing Intent Identity Cards

Case Brief

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Parties

Regina

Respondent

Elmar Jamalov

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether producing a false identity document with correct name constitutes an offence under section 25(1)(a) of the Identity Cards Act 2006
  2. 2 Whether the appellant had the requisite intention to use the false document for establishing registrable facts about himself
  3. 3 Appropriate sentencing for possession of a false identity document

Ratio Decidendi

Producing a false identity document with the correct name falls within section 25(1)(a) of the Identity Cards Act 2006, as the intention to use the document for establishing identity is sufficient for conviction.

Court Disposition

appeal against conviction dismissed; sentence reduced

Orders

  • Sentence for section 25(1)(a) offence reduced to 4 months' detention in a Young Offenders Institution
  • Sentence for no insurance offence remains as imposed