Deacon-Puljhun, R v, Court of Appeal - Criminal Division, June 08, 2017, [2017] EWCA Crim 851

Resolution Date:June 08, 2017
Issuing Organization:Criminal Division
Actores:Deacon-Puljhun, R v
 
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Case No: 2016/2266/B1

Neutral Citation Number: [2017] EWCA 851 (Crim)

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

Strand

London, WC2A 2LL

Thursday 8 June 2017

B e f o r e:

LORD JUSTICE HICKINBOTTOM

MR JUSTICE HOLROYDE

THE RECORDER OF BIRMINGHAM

HIS HONOUR JUDGE INMAN QC

(Sitting as a Judge of the CACD)

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R E G I N A

TSAHAI DEACON-PULJHUN

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Computer-Aided Transcript of the Stenograph Notes of

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The applicant appeared in person

The Crown did not appear and was not represented

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J U D G M E N T1. MR JUSTICE HOLROYDE: On 11th June 2013 in the Crown Court at Croydon, this applicant was convicted of an offence of obtaining leave to enter or remain in the United Kingdom by deception, contrary to section 24A(a) of the Immigration Act 1971. Her co-accused Mr Rudy Puljhun was convicted of an offence, contrary to section 25 of that Act, of doing an act to facilitate the commission of a breach of UK immigration law by a non-EU person. The essence of the case brought by the prosecution against both defendants was that they had entered into a sham marriage. Having been convicted, each was sentenced to 15 months' imprisonment.

  1. Nearly three years later, on 2nd March 2016, the Crown Prosecution Service, in proper discharge of their continuing obligations in relation to disclosure, wrote to the applicant's solicitors to inform them that Miss Harkins, who had been the officer in charge of the investigation in this case and had given evidence for the prosecution, had been severely criticised by the judge in a trial in October 2014. A defendant in that other trial was the Reverend Ntege, who officiated at the church at which the applicant and Mr Puljhun had gone through a ceremony of marriage.

  2. Having received that information from the Crown Prosecution Service, an application was made by or on behalf of the applicant for an extension of time in which to apply for leave to appeal against her conviction. The application was refused by the single judge. It is now renewed to the full court.

  3. A further short extension of time is now requested because the renewal itself was out of time. The applicant is now acting...

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