Merikhi v. Att. Gen. [2016] 2 JLR 368 (07 November 2016)

Merikhi v. Att. Gen. [2016] 2 JLR 368 (07 November 2016)

It is not fraud to enter Jersey without leave by hiding in the boot of a car if no representations are made; fraud requires deliberate false representation causing prejudice and benefit.

Citation
[2016] 2 JLR 368
Parties
Defendant: Merikhi; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
07 November 2016
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Illegal Entry, Fraud, Defences Under Immigration and Asylum Act 1999 S.31
Immigration Law Criminal Law Illegal Entry Fraud Defences Under Immigration and Asylum Act 1999 S.31

Case Brief

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Parties

Merikhi

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether entering Jersey without leave by hiding in a car boot constitutes fraud under Immigration Act 1971 s.24(1)(a)
  2. 2 Whether the defendant's conduct amounts to fraud as defined by law

Ratio Decidendi

It is not fraud to enter Jersey without leave by hiding in the boot of a car if no representations are made; fraud requires deliberate false representation causing prejudice and benefit.

Court Disposition

appeal allowed

Orders

  • Defendant's conduct did not constitute fraud under the relevant statutes