Boateng v R

Boateng v R

Counts 2, 4, 5, and 12 were fundamentally flawed and must be quashed; the remaining counts were not rendered unsafe by the errors or by the advice given, as the evidence against the appellant was strong and the pleas were not nullities.

Source-derived case information.

Parties
Appellant: Kenneth Boateng; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
16 March 2016
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeal allowed in part; convictions on counts 2, 4, 5, and 12 quashed; convictions on remaining counts upheld.
Legal Topics
Indictment Defects, Immigration Offences, Identity Documents, Guilty Pleas, Legal Advice and Plea Nullity
Criminal Law Immigration Law Indictment Defects Immigration Offences Identity Documents Guilty Pleas Legal Advice and Plea Nullity

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kenneth Boateng

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the indictment was fundamentally flawed as to counts 2 and 12 under s.24A(1)(a) Immigration Act 1971
  2. 2 Whether count 3 was defective for misstatement of the relevant statute and breach of immigration law
  3. 3 Whether counts 4 and 5 could stand given the offence did not exist at the time of commission

Ratio Decidendi

Counts 2, 4, 5, and 12 were fundamentally flawed and must be quashed; the remaining counts were not rendered unsafe by the errors or by the advice given, as the evidence against the appellant was strong and the pleas were not nullities.

Court Disposition

Appeal allowed in part; convictions on counts 2, 4, 5, and 12 quashed; convictions on remaining counts upheld.

Orders

  • Convictions on counts 2, 4, 5, and 12 quashed
  • All other grounds of appeal dismissed