Merikhi -v- AG [2016] JRC 187 (04 October 2016)

Merikhi -v- AG [2016] JRC 187 (04 October 2016)

The sentence of 10 weeks' imprisonment suspended for 12 months was not manifestly excessive or wrong in principle; a custodial sentence is appropriate for intentional illegal entry under section 24(1)(a) of the Immigration Act 1971 as applied in Jersey, and the statutory defence under section 31 of the Immigration and Asylum Act 1999 does not apply to this offence.

Citation
[2016] JRC 187
Parties
Appellant: Mr Merikhi; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
04 October 2016
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Illegal Entry, Sentencing, Defences Under Refugee Convention, Application of Statutory Defences, Custodial Threshold
Criminal Law Immigration Law Illegal Entry Sentencing Defences Under Refugee Convention Application of Statutory Defences Custodial Threshold

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Parties

Mr Merikhi

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for illegal entry was manifestly excessive or wrong in principle
  2. 2 Whether the statutory defence under section 31 of the Immigration and Asylum Act 1999 should apply to offences under section 24(1)(a) of the Immigration Act 1971
  3. 3 Whether a deterrent sentence was improperly imposed

Ratio Decidendi

The sentence of 10 weeks' imprisonment suspended for 12 months was not manifestly excessive or wrong in principle; a custodial sentence is appropriate for intentional illegal entry under section 24(1)(a) of the Immigration Act 1971 as applied in Jersey, and the statutory defence under section 31 of the Immigration and Asylum Act 1999 does not apply to this offence.

Court Disposition

appeal dismissed

Orders

  • Sentence of 10 weeks' imprisonment suspended for 12 months affirmed