Unah, R. v

Unah, R. v

The judge erred in ruling that the appellant's belief in the genuineness of the passport was irrelevant to the issue of reasonable excuse; the jury should have been allowed to consider whether her explanation constituted a reasonable excuse for possession under section 25(5).

Parties
Appellant: Flora Unah; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
12 July 2011
Procedural Posture
Criminal Appeal / Judgment
Outcome
conviction quashed
Legal Topics
Statutory Construction, Identity Documents, Reasonable Excuse, Strict Liability
Criminal Law Statutory Construction Identity Documents Reasonable Excuse Strict Liability

Case Brief

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Parties

Flora Unah

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether honest belief in the genuineness of a false identity document constitutes a reasonable excuse under section 25(5) of the Identity Cards Act 2006

Ratio Decidendi

The judge erred in ruling that the appellant's belief in the genuineness of the passport was irrelevant to the issue of reasonable excuse; the jury should have been allowed to consider whether her explanation constituted a reasonable excuse for possession under section 25(5).

Court Disposition

conviction quashed

Orders

  • Conviction quashed.
  • Community sentence set aside.