Cakraj, R. v

Cakraj, R. v

The sentence of two-and-a-half years was manifestly excessive as the Recorder erred by treating the case as more serious than Kolawole and considering uncharged conduct; the appropriate sentence for possession of a single false passport by a person of good character is within 12 to 18 months.

Parties
Prosecution: Regina; Appellant: Lulzim Cakraj
Jurisdiction
England and Wales
Judgment Date
06 February 2007
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed
Legal Topics
Sentencing, Possession of False Passport, Mitigation, Deterrence
Criminal Law Sentencing Possession of False Passport Mitigation Deterrence

Case Brief

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Parties

Regina

Prosecution

Lulzim Cakraj

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed for possession of a false passport with intent was manifestly excessive
  2. 2 Whether the Recorder erred in considering offences not charged
  3. 3 Proper application of sentencing guidance for false passport offences

Ratio Decidendi

The sentence of two-and-a-half years was manifestly excessive as the Recorder erred by treating the case as more serious than Kolawole and considering uncharged conduct; the appropriate sentence for possession of a single false passport by a person of good character is within 12 to 18 months.

Court Disposition

appeal allowed

Orders

  • sentence of two-and-a-half years' imprisonment quashed
  • substituted sentence of 12 months' imprisonment