Abuah, R v, Court of Appeal - Criminal Division, August 15, 2017, [2017] EWCA Crim 1277

Issuing Organization:Criminal Division
Actores:Abuah, R v
Resolution Date:August 15, 2017
 
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SMITH BERNAL WORDWAVE

Neutral Citation Number: [2017] EWCA Crim 1277

Case No: 201701986/A3

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

Strand

London, WC2A 2LL

Date: Tuesday, 15 August 2017

B e f o r e:

LADY JUSTICE RAFFERTY DBE

MR JUSTICE SWEENEY

MR JUSTICE HOLROYDE

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R E G I N A

v

DAPHNE ABUAH

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Computer Aided Transcript of the Stenograph Notes of

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NON-COUNSEL APPLICATION

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J U D G M E N T (Approved)

  1. MR JUSTICE HOLROYDE: On 29th May 2017 in the Crown Court at Croydon, this applicant was sentenced by Her Honour Judge Smaller to a total of 29 months' imprisonment for offences involving the fraudulent obtaining of benefits and the possession of false identity documents. Her application for leave to appeal against her sentence, based both on the grounds drafted by counsel and on various supplementary grounds of her own composition was refused by the single judge. The application is now renewed to the Full Court. Yet further grounds have been put forward since the matter was considered by the single judge.

  2. Each member of the court has read and carefully considered all the many documents put before the court but in accordance with the usual practice on a renewed application for leave to appeal, we will express our conclusions and our reasons briefly.

  3. The applicant came to the United Kingdom in 2005. She entered the country lawfully. For a time she had the benefit of discretionary leave to remain and during that period she was entitled to, and did, claim State benefits. However her leave to remain expired on 23rd September 2013. From that date she had no lawful right to be in this country and no lawful right to claim benefits. That was an obviously highly material change in her circumstances. She failed to notify it to the appropriate authority and continued to claim and receive benefits. In the result she received over £41,500 of public funds, to which she was not entitled, before her claim was stopped in November 2015. It was stopped at that time because when asked by Her Majesty's Revenue & Customs to provide evidence of her status in the United Kingdom, the applicant had provided a counterfeit document which purported to show that in November...

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