R v Akbat Arbati
[2024] EWCA Crim 589
R v Aydin Ginar
26 September 2023
[2023] EWCA Crim 1121
Court of Appeal
A man tried to illegally enter the UK by boat. He got caught and sentenced to 8 months in jail. He appealed saying his past attempts to enter the country shouldn't count against him, but the judge said it did and the appeal failed.
Key Facts
- •Aydin Ginar pleaded guilty to attempting to enter the UK without valid entry clearance, contrary to section 1 of the Criminal Attempts Act 1981 and section 24(D1) of the Immigration Act 1971.
- •He was a Turkish national intercepted on a boat with over 50 others entering UK waters from France.
- •He had a history of unsuccessful asylum and immigration applications in the UK dating back to 2005.
- •He was sentenced to eight months' imprisonment by the Crown Court at Canterbury.
- •He appealed the sentence, arguing that his previous immigration history was wrongly considered an aggravating factor and that the sentence was excessive.
Legal Principles
Sentencing for offences under section 24(D1) of the Immigration Act 1971 should consider the statutory maximum sentence (four years), previous case law (lack thereof), and analogous offences.
Sentencing Council's General guideline; the Imposition guideline; guideline on Reduction in sentence for a guilty plea
The predominant purpose of sentencing in such cases is public protection; deterrence carries limited weight due to the circumstances of offenders.
Court of Appeal judgment
Aggravating factors include relevant previous convictions, high levels of planning, and a history of unsuccessful immigration applications. Mitigating factors include absence of convictions, good character, young age, coercion, and arguable asylum claims.
Court of Appeal judgment
Outcomes
The appeal was dismissed.
The Court of Appeal found no error of principle in considering the applicant's immigration history as an aggravating factor. They held that the sentence of eight months (following a 12-month starting point reduced for a guilty plea) was not manifestly excessive given the circumstances.