R v Mutede (Lindiwe)
| Jurisdiction | England & Wales |
| Court | Court of Appeal (Criminal Division) |
| Judge | MR JUSTICE CRESSWELL |
| Judgment Date | 01 December 2005 |
| Neutral Citation | [2005] EWCA Crim 3208 |
| Docket Number | No: 200505512 A1 |
| Date | 01 December 2005 |
IN THE COURT OF APPEAL CRIMINAL DIVISION
Royal Courts of Justice
Strand
London, WC2
Lord Justice Gage
Mr Justice Cresswell
His Honour Judge Goldsack QC
(Sitting As A Judge Of The Court Of Appeal Criminal Division)
No: 200505512 A1
MR S AKINSANYA appeared on behalf of the APPELLANT
On 11th August this year at Luton Magistrates' Court, the appellant, who is aged 35, pleaded guilty and was committed to the Crown Court for sentence. On 9th September, at the Luton Crown Court, she was sentenced by Mr Recorder Blackford as follows: offence 1, possession of a false instrument with intent, 14 months' imprisonment; offence 2, obtaining a pecuniary advantage by deception, 14 months' imprisonment concurrent. Thus the total sentence amounted to 14 months' imprisonment. She appeals against sentence by leave of the single judge.
On 5th August this year police officers executed a search warrant at an address in Luton. The appellant was present and in her possession the officers found letters from the office of Immigration and Nationality Directorate, purporting to give her permission to stay and seek employment in the United Kingdom. Those letters were examined and found to be counterfeit. An immigration officer present at the search confirmed that the appellant was prohibited from seeking employment in the United Kingdom.
The officers also found a number of pay slips in the appellant's name. She had given a National Insurance number to her employer to obtain that employment. A counterfeit National Insurance card in her name was recovered.
Enquiries at her employers revealed that the appellant had worked from 16th July 2004 until 5th August 2005 as a care worker. Her employment was terminated on 5th August when the company was informed of her immigration status. As a result of her employment, she had been paid a total of £16,182.
When interviewed, the appellant immediately admitted that she had obtained the immigration letters to enable her to work and that was the reason she had also obtained the National Insurance card. She also admitted that she knew she was prohibited from working in this country and that she had deceived her employers.
The appellant is a Zimbabwean national of previous...
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R v Valerie Ekiuwa Ovieriakhi
...even on a guilty plea by a person of good character, would be within the range of twelve to eighteen months. 9 In R v Mutede [2005] EWCA Crim 3208, [2006] 2 Cr App R(S) 2, the appellant had pleaded guilty to possession of a false instrument with intent and to obtaining a pecuniary advantage......
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R v Carneiro (Rosiene Ribeiro)
... ... Subsequently his attention was drawn to the decision of this court in the case of Mutede [2006] 2 Cr App R (S) 22. In the light of that decision the judge had the case re-listed and reduced the sentence to one of six months' imprisonment ... ...
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R v Kozhem Nawzad Noori
...category of case, of which Kolawole is a well-known example, is treated more severely than the latter category, of which R v Mutede [2005] EWCA Crim 3208, [2006] 2 Cr App R(S) 2section 4(1) and (2) of the Identity Documents Act 2010. He was sentenced to 15 months' imprisonment. A statutory......
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The Queen v Stephen
...14, CA. 12 For cases involving a conspiracy see R. v. Velev [2009] 1 Cr.App.R.(S.) 96, CA. 13 [2009] EWCA Crim 452. 14 See Above. 15 [2005] EWCA Crim 3208, [2006] 2 Cr.App.R.(S.) 16 [2007] EWCA Crim 878. 17 Not all the aggravating factors have been listed, but there are factors such as leng......
