Merikhi -v- AG [2016] JRC 202 (07 November 2016)

Merikhi -v- AG [2016] JRC 202 (07 November 2016)

Section 31(3) of the Immigration (Jersey) Order 1993 does not include offences under Section 24, and there was no false representation or prejudice to support a charge of fraud. The Assistant Magistrate was correct to refuse leave to change the plea, and the statutory defence was not available. Any drafting error in Section 31(3) is for the legislature to correct, not the court.

Citation
[2016] JRC 202
Parties
Appellant: Merikhi; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
07 November 2016
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Illegal Entry, Refugee Status, Change of Plea, Abuse of Process
Criminal Law Immigration Law Illegal Entry Refugee Status Change of Plea Abuse of Process

Case Brief

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Parties

Merikhi

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant should have been allowed to withdraw his guilty plea
  2. 2 Whether Section 31 of the Immigration (Jersey) Order 1993 provides a defence to a charge under Section 24
  3. 3 Whether the prosecution amounted to an abuse of process given international treaty obligations

Ratio Decidendi

Section 31(3) of the Immigration (Jersey) Order 1993 does not include offences under Section 24, and there was no false representation or prejudice to support a charge of fraud. The Assistant Magistrate was correct to refuse leave to change the plea, and the statutory defence was not available. Any drafting error in Section 31(3) is for the legislature to correct, not the court.

Court Disposition

appeal dismissed

Orders

  • Leave to appeal sentence out of time granted
  • Appellant need not be present for hearing of appeal against sentence