Ding, R v [2010] EWCA Crim 1979 (16 July 2010)
The sentence imposed was within the guidance range for offences involving deception to evade border control, and no general distinction exists between offences under section 24A(1)(a) and 24A(1)(b); the appeal is dismissed as the sentence was not wrong in principle or manifestly excessive.
- Citation
- [2010] EWCA Crim 1979
- Parties
- Prosecution: Regina; Appellant: Heng Pit Ding
- Jurisdiction
- England and Wales
- Judgment Date
- 16 July 2010
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing, False Identity Documents, Immigration Offences
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Heng Pit Ding
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Appropriate sentencing for offences under section 24A(1)(b) of the Immigration Act 1971
- 2 Distinction between offences under section 24A(1)(a) and 24A(1)(b)
- 3 Comparison between offences under Identity Cards Act 2006 and Immigration Act 1971
Ratio Decidendi
The sentence imposed was within the guidance range for offences involving deception to evade border control, and no general distinction exists between offences under section 24A(1)(a) and 24A(1)(b); the appeal is dismissed as the sentence was not wrong in principle or manifestly excessive.
Court Disposition
appeal dismissed
Orders
- sentence of 12 months' imprisonment upheld
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