Mabengo, R. v

Mabengo, R. v

The sentences of twelve months' imprisonment were not manifestly excessive or wrong in principle, but the deportation orders were quashed due to insufficient balancing of offence seriousness and mitigation.

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 / Judgment on Appeal Against Sentence
Outcome
Appeal allowed in part
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 / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for possession of false identity documents were excessive
  2. 2 Whether orders for deportation were properly made

Ratio Decidendi

The sentences of twelve months' imprisonment were not manifestly excessive or wrong in principle, but the deportation orders were quashed due to insufficient balancing of offence seriousness and mitigation.

Court Disposition

Appeal allowed in part

Orders

  • Sentences of twelve months' imprisonment upheld
  • Orders for deportation quashed