Mabengo, R. v [2008] EWCA Crim 1699 (18 June 2008)

Mabengo, R. v [2008] EWCA Crim 1699 (18 June 2008)

The sentences of twelve months' imprisonment were not manifestly excessive or wrong in principle given the deliberate use of false passports to conceal true status and obtain employment; however, the judge failed to conduct a sufficient balancing exercise before making deportation orders, which must be quashed.

Citation
[2008] EWCA Crim 1699
Parties
Appellant: Mabengo Mabengo; Appellant: Mbango Lomoka; Appellant: Kazadi Salang; Appellant: Manzambi Birindwa; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
18 June 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal partially allowed
Legal Topics
False Identity Documents, Deportation, Sentencing Guidelines
Criminal Law Immigration Law False Identity Documents Deportation Sentencing Guidelines

Case Brief

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Parties

Mabengo Mabengo

Appellant

Mbango Lomoka

Appellant

Kazadi Salang

Appellant

Manzambi Birindwa

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences of twelve months' imprisonment for possession of false identity documents were excessive
  2. 2 Whether the orders for deportation were appropriate

Ratio Decidendi

The sentences of twelve months' imprisonment were not manifestly excessive or wrong in principle given the deliberate use of false passports to conceal true status and obtain employment; however, the judge failed to conduct a sufficient balancing exercise before making deportation orders, which must be quashed.

Court Disposition

appeal partially allowed

Orders

  • sentences of twelve months' imprisonment upheld
  • orders for deportation quashed