Sentences of two-and-a-half years' imprisonment were entirely justified where the defendants had been knowingly concerned in the carrying out of arrangements for facilitating the entry of their brother into the UK as an illegal immigrant.Appeals by the defendants ('MT' and 'AT' respectively) against sentences of two-and-a-half years' imprisonment imposed on each of them following their conviction at Canterbury Crown Court of being knowingly concerned in the carrying out of arrangements for facilitating the entry of an illegal immigrant. On 29 March 2001 the defendants' brother ('B'), a Pakistani citizen, attempted to pass through immigration controls at Dover docks using a passport originally issued to a fourth brother ('T'), but which had been reported stolen by T and from which T's photograph had been removed and replaced with that of B. Both MT and AT had participated in making the ferry bookings necessary to effect B's illegal entry. By this appeal MT and AT contended that the sentencing judge had failed to take sufficient account of their previous good character and their limited role.HELD: As the sentencing judge had observed, this kind of offence was very prevalent in Kent and as such the imposition of deterrent sentences had become necessary. In sentencing the defendants, the judge was not only entitled to sentence them to two-and-a-half years' imprisonment but was, in the circumstances, absolutely right to have done so.Appeals dismissed.
[2003] EWCA Crim 185