Okhotnikov, R. v

Okhotnikov, R. v

The sentence of two years' imprisonment was firm but not manifestly excessive given the appellant's persistent and commercial involvement in supplying false passports and driving licences, despite mitigation. The recommendation for deportation was justified as the judge properly balanced the seriousness of the offending against the appellant's personal circumstances and was entitled to conclude that his continued presence would be a detriment to the country.

Parties
Prosecutor: Regina; Appellant: Ivan Okhotnikov
Jurisdiction
England and Wales
Judgment Date
14 May 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence and Deportation Recommendation
Outcome
Appeal dismissed
Legal Topics
Possession of False Identity Documents, Sentencing, Deportation, Mitigation, Public Policy
Criminal Law Immigration Law Possession of False Identity Documents Sentencing Deportation Mitigation Public Policy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Prosecutor

Ivan Okhotnikov

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence and Deportation Recommendation

Legal Issues

  1. 1 Whether the sentence of two years' imprisonment for possession of false identity documents was manifestly excessive
  2. 2 Whether the recommendation for deportation was justified and properly reasoned

Ratio Decidendi

The sentence of two years' imprisonment was firm but not manifestly excessive given the appellant's persistent and commercial involvement in supplying false passports and driving licences, despite mitigation. The recommendation for deportation was justified as the judge properly balanced the seriousness of the offending against the appellant's personal circumstances and was entitled to conclude that his continued presence would be a detriment to the country.

Court Disposition

Appeal dismissed

Orders

  • Sentence of two years' imprisonment on each count concurrent affirmed
  • Recommendation for deportation affirmed