The Court upheld a sentence of 9 months’ imprisonment for possession of a false passport. Hadzic was followed and Takyi was criticised on the basis that photograph substitution was not a significant distinction. Takyi: ‘should be treated as confined to its own facts and should not be used as an indication of the type of sentence appropriate in this type of case. That is not said out of any lack of sympathy for those who find themselves in the position of this appellant. Nevertheless, for guidance we consider that it is necessary in the future to have regard to the earlier case of Hadzic, for the reasons indicated by Judge Thorpe in the present case that here it is necessary to deal with an offence which has become prevalent. Even when a defendant is under considerable personal pressure, as for example when he is a refugee seeking a decision in relation to an application for political asylum, his conduct cannot be excused if he defies the law and attempts to leave the country by using a passport which is not his, whether or not it has been altered. The Customs and Excise authorities have a difficult and responsible job in attempting to control the flow of people into and out of the United Kingdom and the courts must, when appropriate, play their part in supporting the authorities. They must try when sentencing so far as possible to discourage others who may be tempted to abuse the system in the way that this appellant patently attempted to abuse it.’
Judges:
Kennedy LJ
Citations:
[1998] EWCA Crim 1844
Links:
Jurisdiction:
England and Wales
Citing:
Criticised – Regina v Takyi CACD 3-Oct-1997
The Court reduced from 9 to 3 months’ imprisonment the sentence passed, following a plea of guilty, on a man who used someone else’s passport, having surrendered his own to the Home Office. . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 31 May 2022; Ref: scu.154718