Boateng v R: CACD 16 Mar 2016

The defendants appealed against convictions for documentation offences after having pleaded guilty. They were said to have used the ID of a deceased Euroean resident to obtain entry. It was acknowledged by the prosecutor that the wrong subsection had been used to base the charge.
Held: The appeals succeeded in part. Some flaws were fundamental, others not. If it was clear that what was alleged against the defendant, was akin to a mere drafting or clerical error it should not invalidate the count. On the other hand for example one count alleged was not an offence at the time.

Sir Brian Leveson P QBD, Globe, Cheema-Grubb JJ
[2016] EWCA Crim 57, [2016] WLR(D) 145
Bailii, WLRD
Immigration Act 1971 24A(1)(a), Identity Cards Act 2006 25, Identity Documents Act 2010 4
England and Wales


Updated: 12 January 2022; Ref: scu.561158