Bogoslov,R. v

Bogoslov,R. v

The Recorder erred by sentencing the appellant for an aggravated offence not charged, failed to give credit for a guilty plea, and made a deportation recommendation contrary to EU law, as there was no evidence of a present and serious threat to public policy or security. The appropriate sentence is 12 months' imprisonment concurrent on each count, with no recommendation for deportation.

Parties
Respondent: Regina; Appellant: Gheorge Bogoslov
Jurisdiction
England and Wales
Judgment Date
07 March 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence reduced; deportation recommendation quashed
Legal Topics
Possession of False Identity Documents, Sentencing Guidelines, Deportation of EU Nationals, Proportionality in Deportation, Credit for Guilty Plea
Criminal Law Immigration Law European Union Law Possession of False Identity Documents Sentencing Guidelines Deportation of EU Nationals Proportionality in Deportation Credit for Guilty Plea

Case Brief

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Parties

Regina

Respondent

Gheorge Bogoslov

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 2 years' imprisonment for possession of false identity documents was manifestly excessive
  2. 2 Whether the Recorder erred in law by failing to give credit for a guilty plea
  3. 3 Whether the recommendation for deportation of an EU national was lawful and proportionate

Ratio Decidendi

The Recorder erred by sentencing the appellant for an aggravated offence not charged, failed to give credit for a guilty plea, and made a deportation recommendation contrary to EU law, as there was no evidence of a present and serious threat to public policy or security. The appropriate sentence is 12 months' imprisonment concurrent on each count, with no recommendation for deportation.

Court Disposition

Appeal allowed; sentence reduced; deportation recommendation quashed

Orders

  • Original sentences of 2 years' imprisonment quashed and substituted with 12 months' imprisonment concurrent on each count
  • Recommendation for deportation set aside