[2013] EWCA Crim 435

A conviction for entering the United Kingdom without a passport was quashed where a judge had wrongly withdrawn the defence of reasonable excuse under the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 s.2(4)(c) before the trial had even begun, as there was evidence to support the defence and it would not have been perverse for a jury to conclude that the defence was made out on the evidence before it.

CA (Crim Div) (Toulson LJ, Mackay J, Sir David Calvert Smith)

11/04/2013