Key Facts
- •Abdul Basset Ahmed, an 18-year-old, piloted a boat carrying 59 migrants from France to UK territorial waters.
- •He pleaded guilty to attempting to arrive in the UK without a valid entry clearance and assisting unlawful immigration.
- •He was sentenced to 2 years' detention for facilitating unlawful immigration and 8 months' concurrently for attempting illegal entry.
- •The appeal concerned the 2-year sentence for facilitating unlawful immigration.
Legal Principles
Sentencing for offences under section 25(1) of the Immigration Act 1971, particularly concerning the use of small boats to facilitate unlawful immigration, in the absence of Sentencing Council guidelines.
Ginar [2023] EWCA Crim 1121, Ashri Mohammed case (mentioned in para 7), Roman [2017] EWCA Crim 6, Soto [2023] EWCA Crim 55, Clarke [2018] EWCA Crim 185, Ali [2023] EWCA Crim 232
Factors influencing culpability in section 25(1) offences involving small boats, including the role of the offender (organiser vs. pilot), commercial aspects, coercion, and exploitation.
This case’s judgment
Factors affecting harm in section 25(1) offences, such as risk of injury or death, number of individuals assisted, and exploitation.
This case’s judgment
The impact of the increased maximum sentence (life imprisonment) under section 25(1) on sentencing.
This case’s judgment and Explanatory Notes to the 2022 Act
Aggravating and mitigating factors in section 25(1) offences.
This case’s judgment
Outcomes
The appeal was allowed.
The original sentence of 2 years' detention for facilitating unlawful immigration was considered too harsh given the appellant's low culpability, youth, and mitigating circumstances. The court found the appropriate sentence after trial would have been 2 years, reduced to 18 months for the guilty plea.