Igbebion, R v

Igbebion, R v

Procedural irregularity in not formally asking the appellant to admit breach of bail did not invalidate conviction as admission was inherent in defence submissions; sentences for deception and breach of bail were not excessive, but sentence for possession of false instrument was excessive and reduced to 9 months consecutive.

Parties
Prosecution: Regina; Applicant: Solomon Igbebion
Jurisdiction
England and Wales
Judgment Date
18 October 2004
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Breach of Bail, Attempting to Obtain Services by Deception, Possession of False Instrument, Sentencing
Criminal Law Breach of Bail Attempting to Obtain Services by Deception Possession of False Instrument Sentencing

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Parties

Regina

Prosecution

Solomon Igbebion

Applicant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether conviction for breach of bail was unlawful due to procedural irregularity
  2. 2 Whether sentences imposed for attempting to obtain services by deception and possession of false instrument were manifestly excessive

Ratio Decidendi

Procedural irregularity in not formally asking the appellant to admit breach of bail did not invalidate conviction as admission was inherent in defence submissions; sentences for deception and breach of bail were not excessive, but sentence for possession of false instrument was excessive and reduced to 9 months consecutive.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 18 months for possession of false instrument quashed and substituted with 9 months consecutive.
  • Representation order extended to passport offence sentence.