Ndjanga

Citation – Ndjanga [2015] EWCA Crim 2020

Date – 6th November 2015

Keywords – Sentence, false passport, Ovieriakhi

Overview – Sentence reduced to ‘Ovieriakhi’ levels where passport used to obtain employment, but an Overiakhi + category is established.

Summary – N entered the UK in March 2000 on a false passport and claimed asylum. This was refused and whilst waiting for an appeal to be heard, he failed to comply with his bail conditions. He used a false passport to obtain employment in 2002, which wasn’t discovered until 2015, when he then arrested and pleaded guilty at the earliest opportunity and was sentenced to 12 months. 

In April 2015 he had been granted Leave to Remain for 2½ years.

The Court of Appeal put the case above Ovieriakhi as N had not arrived in the UK lawfully, but reduced the sentence (to reflect other personal mitigation) to 6 months. 

Comment 

(1) This was decided after Acheampong, but follows a similar path. Although the sentence was reduced to 6 months, it seems that but for the other mitigation he would have got around the 8-9 month mark.

(2)  As a tentative suggestion, it may be that where a passport is used to get employment, the tariff (after a plea) is 6-12 months, but the 6-9 month range is for people who entered legally and the 8-12 month bracket for where people have not. 

Judges – Sharp LJ, Supperstone J, HHJ Morris QC

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