Chinganga, R. v

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

  1. 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. 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