Zenasni, R. v [2007] EWCA Crim 2165 (05 September 2007)

Zenasni, R. v [2007] EWCA Crim 2165 (05 September 2007)

The sentence of 15 months was too close to the statutory maximum after discount for early plea and was not justified by the facts; a sentence of 12 months' imprisonment was appropriate given the appellant's circumstances and prior convictions.

Citation
[2007] EWCA Crim 2165
Parties
Prosecution: Regina; Appellant: Safi Zenasni
Jurisdiction
England and Wales
Judgment Date
05 September 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
False Identity Documents, Sentencing, Identity Cards Act 2006, Possession Without Reasonable Excuse
Criminal Law False Identity Documents Sentencing Identity Cards Act 2006 Possession Without Reasonable Excuse

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 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Prosecution

Safi Zenasni

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in attaching weight to the purpose of possession when the appellant was not charged with intent to use the false identity document
  2. 2 Whether the sentence imposed was manifestly excessive given the circumstances

Ratio Decidendi

The sentence of 15 months was too close to the statutory maximum after discount for early plea and was not justified by the facts; a sentence of 12 months' imprisonment was appropriate given the appellant's circumstances and prior convictions.

Court Disposition

appeal allowed in part

Orders

  • sentence reduced to 12 months' imprisonment