19 Jan 2023
Because the learned Magistrate had found the prosecution witnesses to be inherently improbable and unbelievable, there was no evidential basis to conclude the appellant had brought suspicion upon himself; the refusal of costs was therefore unjustified and the appeal was allowed with costs awarded for the trial and the appeal.
27 Jan 1992
Given the change in executive prosecution policy since November 1990 it is unjust to impose an upward adjustment to the normal 15 month sentence merely because an offender had previously entered unlawfully; accordingly the appeals are allowed in part and sentences on the immigration charges are reduced to 15 months imprisonment.
3 Aug 1987
Magistrates are not obliged to call for background reports under section 109A before sentencing young illegal immigrants where other disposals (probation, detention or training centres, fines, binding-over) are impractical or inappropriate; imprisonment can be inevitable for the offence and magistrates retain discretion to call reports but are not required to do so.