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England and Wales decisions
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The sentence imposed was within the appropriate range for the nature and seriousness of the offences, with correct application of sentencing guidelines, proper calculation of loss, and appropriate discount for guilty pleas. No arguable merit was found in the grounds of appeal or in the fresh evidence submitted.
Source excerpt
The Upper Tribunal held that, after Chaudhry, appeals against deprivation of citizenship under section 40(3) require an independent factual finding on fraud, not only public law review.
The conviction is safe because the trial judge’s directions on knowledge and dishonesty were legally accurate, the relevance of religious belief was sufficiently clear, and the correction of defence counsel’s error regarding prior investigations was properly managed without unfair prejudice. The costs order was justified as the appellant failed to make full and credible disclosure of means, and the judge was entitled to conclude he could pay the amount ordered.
Source excerpt
Wiseman v Rex [2023] EWCA Crim 1363 (29 November 2023)
The Court of Appeal upheld a fraud conviction over coronavirus “healing” oil claims and refused leave to challenge a costs order of £60,072.50.
Ahmed v Secretary of State for the Home Department [2023] EWCA Civ 1087 (28 September 2023)
The Court of Appeal dismissed Mr Ahmed’s challenge to deprivation of British citizenship, holding that the Upper Tribunal was entitled to find dishonest concealment of a material fact.
Saroya v R. [2022] EWCA Crim 602 (03 May 2022)
The Court of Appeal held that a false housing benefit claim under section 111A(1)(b) could be treated as a continuing offence, so the confiscation order stood.
The Nursing and Midwifery Council v Sengu [2017] EWHC 2639 (Admin) (12 October 2017)
The High Court extended an interim suspension order against a nurse facing grave allegations of false qualifications, citing patient risk and public confidence.
Appeal from convictions for conspiracy to commit fraud by false representation in horse sales. Convictions were upheld, but Charlotte Johnson's sentence was reduced.
The Upper Tribunal allowed an appeal against deprivation of British citizenship, holding that the appellant’s false date of birth was not directly material to the grant of citizenship.
The Upper Tribunal dismissed the Secretary of State’s appeal, holding that deprivation of citizenship under section 40(3) required a specific deception that procured naturalisation.
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