Aderemi, R. v [2018] EWCA Crim 1502 (09 May 2018)

Aderemi, R. v [2018] EWCA Crim 1502 (09 May 2018)

Where the sole misuse of a false identity document is to obtain employment, a lower sentencing range is appropriate, and the starting point should reflect guidance from R v Ovieriakhi.

Citation
[2018] EWCA Crim 1502
Parties
Prosecution: Regina; Appellant: Hamed Aderemi
Jurisdiction
England and Wales
Judgment Date
09 May 2018
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Possession of False Identity Documents, Illegal Working, Sentencing Guidelines
Criminal Law Immigration Law Possession of False Identity Documents Illegal Working Sentencing Guidelines

Case Brief

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Parties

Regina

Prosecution

Hamed Aderemi

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Was the starting point for sentencing excessive given the facts?
  2. 2 Should guidance from R v Ovieriakhi have been applied?
  3. 3 Is deportation appropriate in this case?

Ratio Decidendi

Where the sole misuse of a false identity document is to obtain employment, a lower sentencing range is appropriate, and the starting point should reflect guidance from R v Ovieriakhi.

Court Disposition

appeal allowed

Orders

  • Sentence quashed
  • Six months' imprisonment substituted for the indictment offence