R v Afewerki Musse
[2024] EWCA Crim 1012
R v Akbat Arbati
16 May 2024
[2024] EWCA Crim 589
Court of Appeal
A man was sentenced to two years in prison for illegally entering the UK. He had a bad past, including attempted rape. The court thought the sentence was too long, even considering his history, and reduced it to 16 months.
Key Facts
- •Akbati, an Iranian national, appealed his two-year sentence for attempting to enter the UK without valid entry clearance.
- •The offense occurred on September 10, 2023, when he arrived on an overcrowded boat with 72 others.
- •Akbati had a previous immigration history, including a 2016 stowaway incident and a 2017 conviction for attempted rape resulting in a 50-month sentence and a deportation order (later revoked).
- •He voluntarily travelled to Turkey in February 2023 and returned to the UK in September 2023.
- •He pleaded guilty at the earliest opportunity and received a one-third discount for his plea.
- •The Crown Court judge considered several aggravating factors when sentencing.
Legal Principles
Sentencing for attempting to enter the UK without valid entry clearance should follow the guidance in R v Ginar [2023] EWCA Crim 1121, [2024] 1 WLR 1264, with a starting point of 12 months before considering aggravating and mitigating factors.
R v Ginar [2023] EWCA Crim 1121, [2024] 1 WLR 1264
Aggravating factors can include a high level of planning beyond what is inherent in the offense, or a history of unsuccessful applications.
R v Ginar
A defendant can only be sentenced for offenses for which they have been convicted.
This case
Outcomes
The Court of Appeal reduced Akbati's sentence from two years' imprisonment to 16 months' imprisonment.
While the judge was correct to increase the sentence from the 12-month starting point due to Akbati's prior offenses and immigration history, the increase to three years before the plea discount was excessive. A two-year sentence (reduced to 16 months after the plea discount) was deemed proportionate.