Chinganga, R. v
The trial judge correctly directed the jury on the reasonable excuse defence in accordance with the law and the facts; the application for leave to appeal is wholly without merit and is refused.
- Parties
- Prosecution: Regina; Applicant: Herbert Medziso Chinganga
- Jurisdiction
- England and Wales
- Judgment Date
- 04 June 2008
- Procedural Posture
- Criminal Appeal / Renewed Application for Leave to Appeal Conviction
- Outcome
- application refused
- Legal Topics
- Entry Without Immigration Documents, Reasonable Excuse Defence, Jury Directions
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Herbert Medziso Chinganga
Applicant
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Conviction
Legal Issues
- 1 Whether the trial judge misdirected the jury regarding the reasonable excuse defence under section 2(4) of the Asylum and Immigration (Treatment of Claimants) Act 2004
- 2 Whether the applicant had a reasonable excuse for not producing a valid immigration document
Ratio Decidendi
The trial judge correctly directed the jury on the reasonable excuse defence in accordance with the law and the facts; the application for leave to appeal is wholly without merit and is refused.
Court Disposition
application refused
Full Case Text
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